- 15 - or are paid for by the employee. See sec. 104(a)(3). Therefore, petitioner may exclude the amounts he received if he paid premiums for the disability plan or if his employer paid premiums and the premiums were includable in his gross income. See Tuka v. Commissioner, supra at 3; Miley v. Commissioner, T.C. Memo. 2002-236. In Tuka, the Court stated: Although section 104(a)(3) is not explicit on the subject, it clearly contemplates that exemption of benefits depends on whether contributions to an accident and health insurance plan involve after-tax dollars. Indeed, if an employee is to exclude disability benefits attributable to employer contributions, those contributions must have been includable in the employee's gross income. * * * [Tuka v. Commissioner, supra at 4.] If an employer is the sole purchaser of a policy of accident or health insurance for its employees (on either a group or individual basis), the exclusion provided under section 104(a)(3) does not apply to any amounts received by his employees through such fund or insurance. Sec. 1.104-1(d), Income Tax Regs. Petitioner argues that the benefits he received are not includable in his income because he paid the premiums for the policy. The policy specifically states that the plan was paid for by ATC, the parent of petitioner’s employer. Petitioner does not dispute the assertion by Connecticut General, relied on by respondent, in a stipulated exhibit, that the premiums paid were not included in his taxable income. Petitioner has presented no evidence, reason, or authority to apply the exception underPage: Previous 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Next
Last modified: May 25, 2011