- 5 - The amounts that petitioner received under the pilot disability plan were received through accident and health insurance for personal injuries or sickness within the meaning of section 104(a)(3). Trappey v. Commissioner, 34 T.C. 407 (1960); Andrews v. Commissioner, T.C. Memo. 1992-668. Thus, petitioner may exclude those amounts if he paid premiums for the disability plan or if his employer paid premiums and the premiums were includable in his gross income. See Miley v. Commissioner, T.C. Memo. 2002-236. Petitioner suggests that, in reality, the employees of U.S. Airways, including petitioner, paid the contributions that were made to the pilot disability plan. He cites the negotiations between ALPA and U.S. Airways wherein ALPA and the U.S. Airways pilots made wage concessions in exchange for the disability benefits package. Petitioner suggests that the wage concessions the U.S. Airways employees made funded the contributions to the pilot disability plan. Petitioner argues that the disability benefits that he received under that plan are excludable from gross income under section 104(a)(3). We disagree. There is no dispute in this case that any contributions to the pilot disability plan were actually paid by U.S. Airways, petitioner’s employer. Consequently, any benefits received under that plan are includable in petitioner’s income unless the contributions were includable in petitioner’s gross income. WePage: Previous 1 2 3 4 5 6 7 Next
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