Alfaye Youngblood - Page 4

                                        - 4 -                                         
          determined that the payments petitioner received from PERS should           
          not have been excluded from income and that petitioner was liable           
          for a $9,148 deficiency.                                                    
                                     Discussion                                       
               Section 104(a)(1) provides that gross income does not                  
          include amounts received under workers’ compensation acts as                
          compensation for personal injuries or sickness.  The regulations            
          expand the scope of section 104(a)(1) to include “a statute in              
          the nature of a workmen’s compensation act which provides                   
          compensation to employees for personal injuries or sickness                 
          incurred in the course of employment.”  Sec. 1.104-1(b), Income             
          Tax Regs.  However, “section 104(a)(1) does not apply to a                  
          retirement pension or annuity to the extent that it is determined           
          by reference to the employee’s age or length of service, or the             
          employee’s prior contributions, even though the employee’s                  
          retirement is occasioned by an occupational injury or sickness.”            
          Id.  Nevertheless, a statute that conditions eligibility for                
          benefits on the existence of a work-related injury or sickness              
          may qualify as a workers’ compensation act for purposes of                  
          section 104 even though those benefits are called “disability               
          retirement benefits.”  See Take v. Commissioner, 804 F.2d 553,              
          557 (9th Cir. 1986), affg. 82 T.C. 630 (1984).  A statute that              
          fails to distinguish between work-related and other types of                








Page:  Previous  1  2  3  4  5  6  7  8  Next

Last modified: May 25, 2011