John M. and Nancy L. Jerose - Page 8

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          Commissioner v. Glenshaw Glass Co., 348 U.S. 426, 430 (1955).               
               Generally, gross income does not include amounts received              
          through accident or health insurance for personal injuries or               
          sickness, other than amounts received by an employee to the                 
          extent such amounts are:  (1) Attributable to contributions by              
          the employer which were not includable in the gross income of the           
          employee; or (2) paid by the employer.  See sec. 104(a)(3).  If             
          amounts received by an employee through accident or health                  
          insurance for personal injuries or sickness are:  either (1)                
          Attributable to contributions by the employer that were not                 
          includable in the gross income of the employee; or (2) paid by              
          the employer, then the amounts are specifically included in the             
          employee’s gross income under section 105(a).                               
               Four conditions must be met for section 105(a) to apply.               
          See Kees v. Commissioner, T.C. Memo. 1999-41.  First, the amounts           
          must be received through accident or health insurance; second,              
          the amounts must be for personal injuries or sickness; third, the           
          amounts must be attributable to contributions made by the                   
          employer; and fourth, the employer’s contributions must not have            
          been includable in the employee’s gross income.                             
               In the instant case, petitioner received $9,481 from the               
          Fortis Co. under the Fortis policy, a group long-term disability            
          insurance program.  Petitioner received the benefits for a                  
          disability caused by degenerative disk disease of the spine and             






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