- 8 - 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
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