- 12 - under accident and health plans for personal injuries or sickness. 2. Section 104(a)(1) Section 104(a)(1) excludes from gross income “amounts received under workmen’s compensation acts as compensation for personal injuries or sickness”. The regulations provide that section 104(a)(1) includes “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. 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.” Take v. Commissioner, 804 F.2d 553, 557 (9th Cir. 1986), affg. 82 T.C. 630 (1984). 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 * * * even though the employee’s retirement is occasioned by an occupational injury or sickness.” Sec. 1.104-1(b), Income Tax Regs. The relevant inquiry is into the nature of the statute pursuant to which the payment is made and not the source of the particular taxpayer’s injury. Rutter v. Commissioner, 760 F.2d 466, 468 (2d Cir. 1985), affg. T.C. Memo. 1984-525. If thePage: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Next
Last modified: May 25, 2011