- 10 - monthly benefit could not exceed the maximum benefit or be less than the minimum benefit, the amount of the monthly benefit was not affected by the severity or nature of the illness or injury that caused the employee’s disability. Payments from a disability plan do not qualify for the section 105(c)(2) exclusion if the payments are the same regardless of the nature and severity of the particular injuries causing the disabilities. Hines v. Commissioner, 72 T.C. 715 (1979). Under the UNUM policy, an employee who was disabled because he had lost a leg was entitled to the same benefits as one who was disabled because he had lost both legs, another limb, or his sight, suffered kidney failure, or had a heart attack or a stroke. Such payments are not based upon the type and severity of the injury as required by section 105(c)(2). Colton v. Commissioner, T.C. Memo. 1995-275. Petitioner contends that the benefits were computed by reference to the nature of the injury because the UNUM policy distinguished between physical injury or illness and mental illness. We disagree. The monthly benefit for a total disability caused by mental illness did not differ from the monthly benefit for a total disability caused by physical injury. The benefit period (and thus the total benefit) for a disability caused by mental illness could be shorter than the benefit period for a disability caused by a physical illness or injury, only if the employee was under age 65Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
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