- 7 - Petitioner also contends that regardless of whether U.S. Airways in fact funded the disability plan, any contributions that U.S. Airways made to the plan “would be constructive income to the Petitioner, and thus includible in the Petitioner’s gross income for each year the contributions were made.” However, as a general matter, the gross income of an employee does not include employer-provided coverage under an accident or health plan. Sec. 106(a). Thus, we cannot agree that any contributions that U.S. Airways made to the disability plan were properly includable in petitioner’s gross income. The benefits that petitioner received in 1999 are not excludable under section 104(a)(3).3 Accordingly, we hold that the payment received in 1999 constitutes gross income, and we sustain respondent’s determination of a deficiency. Decision will be entered for respondent except for the accuracy-related penalty under section 6662(a). 3Petitioner also argues that the “US Air, Inc. Pilot’s Working Agreement” must be construed in conformance with the laws of the Commonwealth of Pennsylvania, which prohibit taxation on disability payments because they are not considered to be the property of the beneficiary. This case raises a question regarding the application of sec. 104(a)(3) of the Internal Revenue Code. Whether the Commonwealth of Pennsylvania expressly prohibits taxation of disability payments has no relevance in deciding the issue before us.Page: Previous 1 2 3 4 5 6 7
Last modified: May 25, 2011