Thomas G. Wright and Estate of Rosemary K. Wright, Deceased, Thomas G. Wright, Personal Representative - Page 16

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          this presumption can be rebutted.  Accident and health benefits             
          will be attributed to employee contributions where the plan                 
          expressly provides:  (1) That the accident or health benefits are           
          provided in whole or in part by employee contributions; and (2)             
          the portion of employee contributions to be used to provide the             
          accident or health benefits.  Id.  Accordingly, absent an                   
          explicit plan provision, section 1.72-15(c)(2), Income Tax Regs.,           
          deems that the accident and health payments are attributable to             
          the employer contributions and, therefore, taxable to the                   
          employee.                                                                   
               While petitioners tried to show, rationally, through their             
          alleged 8-percent contribution that they were entitled to their             
          chosen exclusion percentage, their rationale does not address the           
          requirements of the controlling regulation.  The record does not            
          indicate that the STRS plan provided that accident or health                
          benefits were provided in whole or in part by Mr. Wright’s                  
          contributions, nor did the plan specify any portion of Mr.                  
          Wright’s contributions to be used for accident or health                    

               11(...continued)                                                       
               However, if the plan does not expressly provide that                   
               the accident or health benefits are to be provided with                
               employee contributions and the portion of employee                     
               contributions to be used for such purpose, it will be                  
               presumed that none of the employee contributions is                    
               used to provide such benefits.  Thus, in the case of a                 
               contributory pension plan, it will be presumed that the                
               disability pension is provided by employer                             
               contributions, unless the plan expressly provides                      
               otherwise * * * [Emphasis added.]                                      





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