- 11 - when he/she became disabled and did not return to work within 24 months. We do not believe that such payments are based upon the type and severity of the injury as required by section 105(c)(2). Furthermore, here, petitioner’s total disability benefit was not calculated simply by virtue of his sustaining an injury. Rather, it was contingent upon his absence from his job. Payments that are designed to replace the income an employee has lost due to disability, rather than to compensate for the injury itself, cannot be said to be computed without regard to the length of time the employee was absent from work. Beisler v. Commissioner, supra at 1308; Armstrong v. Commissioner, T.C. Memo. 1993-579. Section 105(c)(2) requires that the amount of the benefit be calculated with reference to the nature of the particular injury and that the amount not vary according to whether the injured taxpayer retired immediately after the injury, returned to work after some recuperation period, or returned to work immediately. See S. Rept. 1622, 83d Cong., 2d Sess. 183-184 (1954) (accompanying H.R. 8300, which was enacted as Internal Revenue Code of 1954, ch. 736, 68A Stat. 1); sec. 1.105-3, Income Tax Regs. In the case at hand, the monthly benefit to a totally disabled employee under the UNUM policy spans a period beginning 90 days after he first becomes unable to work and ending when he is able to work. Had petitioner been out of work for a period sufficient to collect a monthly benefit and then returned to full duties, he still would have beenPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
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