- 3 - Petitioner initially applied for Industrial Disability Retirement Benefits from the city of San Francisco. Petitioner was approved for benefits under this program. The parties agree that the benefits under this program were equivalent to workmen’s compensation benefits, and, accordingly, such benefits would not constitute gross income since petitioner’s disabling condition was sustained within the scope of and in the course of his employment. Sec. 104(a)(1). However, petitioner never received any benefits under the Industrial Disability Retirement Benefits program. Petitioner’s award had been made by the American Arbitration Association. Before any benefits were paid to him, the city of San Francisco, through its general counsel, refused to honor the determination and threatened to challenge the award in court. Petitioner was represented by counsel, and the two had several conferences with officials of the city regarding the matter. In that discourse, the representatives of the city of San Francisco represented to petitioner and his attorney that, if petitioner instead chose a “nonindustrial” disability retirement, the city would not oppose such an award. Petitioner received an assurance by the city, which was attested to by a representative of the IRS who was present at one of the conferences, that the benefits from a nonindustrial disability retirement program would not constitute gross income. The benefits under the nonindustrial disability program, however, were based on age andPage: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: May 25, 2011