- 12 - paid under the terms of the UNUM policy for the period of his absence. It is difficult to conceive how the monthly benefit could be more closely tailored to an employee’s period of absence from work. Armstrong v. Commissioner, T.C. Memo. 1993-579, supra. Payments under the UNUM policy are designed to replace the income an employee lost due to disability and are computed with regard to the employee’s absence from work. The UNUM policy plainly did not compute the amount of payments "with reference to the nature of the injury," nor did it award benefits "without regard to the period the employee [was] absent from work." We conclude, therefore, that the benefits are not excluded from income under section 105(c). We have considered various arguments made by petitioner not discussed above and have not found them persuasive To reflect the foregoing and the parties’ concessions, Decision will be entered for respondent with respect to the deficiencies and for petitioner with respect to the additions to tax under section 6651(a).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12
Last modified: May 25, 2011