- 9 - In addition, the terms of the pension plan demonstrate that petitioner's benefits were computed solely on the basis of his length of service and salary and not on the basis of his disability. Therefore, the conditions of section 105(c)(2) are not met. See Hines v. Commissioner, 72 T.C. 715, 720 (1979) (denying section 105(c) treatment to incapacitated pilot where the amount of the distribution was not based on the nature of his injury); see also Gordon v. Commissioner, 88 T.C. 630, 640-641 (1987); Laverty v. Commissioner, 61 T.C. 160, 167 (1973), affd. per curiam 523 F.2d 479 (9th Cir. 1975). The Court finds that petitioner received pension payments and did not receive payments from an accident or health plan or through an accident or health insurance agreement. The Court further finds that even if the pension plan did operate as an accident or health plan, or accident or health insurance, the payments to petitioner were not computed with reference to the nature of his injury. Respondent's determination that petitioners must include in income the pension payments and Social Security disability payments made to petitioner is sustained. Reviewed and adopted as the report of the Small Tax Case Division. Decision will be entered for respondent.Page: Previous 1 2 3 4 5 6 7 8 9 10
Last modified: May 25, 2011