Thomas D. Tuka - Page 1
















                                   120 T.C. No. 1                                     


                               UNITED STATES TAX COURT                                


                            THOMAS D. TUKA, Petitioner v.                             
                    COMMISSIONER OF INTERNAL REVENUE, Respondent                      


               Docket No. 12224-01.               Filed January 6, 2003.              

                    P excluded from gross income certain disability                   
               benefits that he received under a pilot disability plan                
               funded by his employer, U.S. Airways, Inc.  P alleges                  
               that in prior collective bargaining negotiations, the                  
               Airline Pilots Association and U.S. Airways pilots made                
               wage concessions in exchange for the pilot disability                  
               plan.  P argues that, in reality, the concessions he                   
               and the other pilots made represent the contributions                  
               to the pilot disability plan for purposes of sec.                      
               104(a)(3), I.R.C.                                                      
                    Held:  P’s employer, U.S. Airways, funded the                     
               pilot disability plan for purposes of sec. 104(a)(3),                  
               I.R.C.  Contributions to the plan were not includable                  
               in P’s gross income.  Accordingly, the disability                      
               benefits are not excluded under sec. 104(a)(3), I.R.C.                 










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