Harold T. and Francesca Redman - Page 8




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          This Court, however, finds that petitioner’s citations are to               
          provisions that are not in the nature of a workers’ compensation            
          act, and they do not support his position that the CBA had the              
          “force and effect of law.”  Sec. 1.104-1(b), Income Tax Regs.               
          Furthermore, while petitioner’s citations refer to other possible           
          sources of injury payments, they do not change the fact that the            
          payments herein were made pursuant to the CBA, not a legislative            
          act.                                                                        
               The agreement between the City and the Union was not                   
          incorporated by reference into legislation, it was merely                   
          approved by the City ordinance.  Thus, the CBA stands by itself             
          as a contract between the City and the Union.  The agreement does           
          not have the force and effect of law and is modifiable at any               
          time.  See Rutter v. Commissioner, supra at 468 (labor contract             
          does not qualify as a “statute” within the meaning of sec. 1.104-           
          1(b), Income Tax Regs.); Covert v. Commissioner, T.C. Memo. 1990-           
          598.  The finding that the CBA does not qualify as a “statute”              
          within the meaning of sec. 1.104-1(b), Income Tax Regs., is                 
          determinative of the outcome in this case.  As a result, it is              
          not necessary for us to decide whether the relevant provisions of           
          the CBA are in the nature of a workers’ compensation act.                   
               We hold that petitioner did not receive disability payments            
          under a workers’ compensation act or a statute in the nature of a           








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