Thomas D. Tuka - Page 5




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               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.  We             






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