- 8 - the plan, they are payable regardless of the period that the employee is absent from work. In Beisler v. Commissioner, 814 F.2d 1304, 1308 (9th Cir. 1987), affg. T.C. Memo. 1985-25, the U.S. Court of Appeals for the Ninth Circuit, to which an appeal of a decision in this case would lie, described the exception provided in section 105(c) and its purpose as follows: Section 105(c) * * * [excludes] from gross income certain payments under accident and health plans that do not resemble income, while including those that do. Section 105(c)(2) is a mechanism for accomplishing this purpose. It excludes from gross income only those amounts of accident and health insurance payments that are computed with reference to the nature of the taxpayer's injury. Only these payments are compensation for "the permanent loss or loss of use of a member or function of the body, or permanent disfigurement," and as such do not resemble income. On the other hand, section 105(c)(2) includes in income amounts that vary according to the amount of time an employee is absent from work. These amounts resemble income in that they tend to compensate a person for lost wages. To accomplish the congressional purpose of excluding only those payments that compensate for permanent losses of bodily function, the nature-of-the-injury requirement is best read to require that benefits vary according to the type and severity of a person's injury. Only then are the payments and the injury sufficiently related to reflect the compensatory purpose required by section 105(c). * * * Thus, “amounts received as accident or health insurance benefits may be excluded from gross income under section 105(c) only if paid by a plan that varies the amount of payment according to the type and severity of the injury suffered by the employee.” Id. Benefits are not excludable under section 105(c) if the plan doesPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
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