John M. and Nancy L. Jerose - Page 9

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          permanent nerve damage, a personal injury or illness that she               
          suffered beginning in September 1999.  Petitioner testified that            
          she paid $3.50 biweekly toward the Fortis policy premiums.                  
          However, petitioner did not offer any documentary evidence to               
          substantiate such a claim.  Based on the common practices of                
          employer-funded insurance policies, such as the Fortis policy at            
          issue in the present case, and on the record in this case, we               
          find that the contributions for the Fortis policy were paid by              
          Memorial Hospital, petitioner’s employer, and that the                      
          contributions from Memorial Hospital were not included in                   
          petitioner’s gross income.  Thus, in the present case, all four             
          conditions of section 105(a) have been met.                                 
               The fact that section 105(a) applies does not necessarily              
          mean that the amounts are included in income.  As section 105(a)            
          itself indicates, there are exceptions.  The relevant exception             
          for the instant case appears in section 105(c), which provides as           
          follows:                                                                    
               SEC. 105(c).  Payments Unrelated To Absence From Work.--               
                    Gross income does not include amounts referred to in              
               subsection (a) to the extent such amounts--                            
                         (1) constitute payment for the permanent loss or             
               loss of use of a member or function of the body, or the                
               permanent disfigurement, of the taxpayer * * *, and                    
                         (2) are computed with reference to the nature of             
               the injury without regard to the period the employee is                
               absent from work.                                                      







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