Thomas G. Wright and Estate of Rosemary K. Wright, Deceased, Thomas G. Wright, Personal Representative - Page 15

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          under section 401.  Sec. 1.72-15(a), Income Tax Regs.10                     
          Specifically, section 1.72-15(c), Income Tax Regs., provides for            
          a method of determining the taxation of amounts received as                 
          accident or health benefits, and it describes the relationship of           
          section 72 with sections 104 and 105.  In general, the framework            
          established under section 72 applies where no exclusion is                  
          available under section 104 or 105.  As such, section 1.72-15(c),           
          Income Tax Regs., applies to distributions from the STRS plan.              
               In a contributory plan, where accident, health, and                    
          retirement benefits are all included, the accident and health               
          benefits attributable to employee contributions are tax free.               
          Sec. 1.72-15(c)(1), Income Tax Regs.  Where an employee                     
          contributes to such a combined accident, health, and retirement             
          plan, any accident and health benefits are presumed to have been            
          made by the employer’s contributions and not the employee’s                 
          contributions.  Sec. 1.72-15(c)(2), Income Tax Regs.11  However,            

               10 Sec. 1.72-15(a), Income Tax Regs., states:                          
               This section provides the rules for determining the                    
               taxation of amounts received from an employer-                         
               established plan which provides for distributions that                 
               are taxable under section 72 (or for distributions that                
               are taxable under section 402(a)(2) or (e), or section                 
               403(a)(2), in case of lump sum distributions) and which                
               also provides for distributions that may be excludable                 
               from gross income under section 104 or 105 as accident                 
               or health benefits. * * *                                              
               11 Sec. 1.72-15(c)(2), Income Tax Regs., provides:                     
                                                             (continued...)           





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