- 6 - settlement had no effect on the amount petitioner had received from UNUM in 1997 or 1998. Discussion Gross income includes all income from whatever source derived. Sec. 61. Generally, amounts received through accident or health insurance for personal injuries or sickness are excluded from gross income under section 104(a)(3), unless the amounts are either (1) attributable to contributions by the employer that were not includable in the gross income of the employee or (2) paid by the employer. If amounts received by an employee through accident or health insurance for personal injuries or sickness are either (1) attributable to contributions by the employer that were not includable in the gross income of the employee or (2) paid by the employer, then the amounts are specifically included in the employee’s gross income under section 105(a). Four conditions must be met for section 105(a) to apply. See Kees v. Commissioner, T.C. Memo. 1999-41. First, the amounts must be received through accident or health insurance; second, the amounts must be for personal injuries or sickness; third, the amounts must be attributable to contributions made by the employer; and fourth, the employer’s contributions must not have been includable in the employee’s gross income. In the instant case, petitioner received $286,931.22 in 1997 and $115,597.08 in 1998 from UNUM under the UNUM policy, anPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: May 25, 2011