- 17 - Under the terms of the policy, long-term disability benefits were based on petitioner’s monthly basic earnings at the time that he became totally disabled. The benefit payments that petitioner received at the time of his disability, as well as the payments made pursuant to the settlement agreement, were based on the terms of the policy and the coverage it provided and not by reference to the nature of petitioner’s injury. Petitioner has offered no evidence to the contrary. Additionally, a fact deemed admitted under Rule 90 is that Connecticut General’s payment of $269,474 to petitioner was in satisfaction of the insurance company’s requirement to pay 66-2/3 percent of his salary as a disability payment. Therefore, the exception under section 105(c) is not applicable. Finally, on brief, petitioner argues that “on settlement of that case * * * [he] did not receive all that money, oh no, he received much, much less money from that case.” He argues that Quadrino & Schwartz retained the larger portion of the lawsuit settlement and denied him access to most of his funds. Additionally, petitioner argues that the $141,565.77 payment made to petitioner on February 14, 2005, from the Quadrino & Schwartz escrow account should not be taxable to him in 2002 because he is a cash basis taxpayer. As a general rule, when a taxpayer’s litigation recovery constitutes income, the taxpayer is taxable on the contingent feePage: Previous 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Next
Last modified: May 25, 2011