Larry J. and Catherine E. France - Page 15

                                       - 14 -                                         
          through a settlement agreement entered into in lieu of such                 
          prosecution.”   Sec. 1.104-1(c), Income Tax Regs.  Thus, the                
          exclusion must derive from some sort of tort claim against the              
          payor.  Rickel v. Commissioner, 900 F.2d 655, 658 (3d Cir. 1990),           
          affg. in part and revg. in part on other grounds 92 T.C. 510                
          (1989).                                                                     
               The ERS provisions of the Baltimore County Code provide for            
          a “general system of pensions and retirements for the benefit and           
          advantage of its officers, agents, servants, and employees” of              
          Baltimore County.  Baltimore County Code sec. 23-1 (1988).  Thus,           
          the ordinary disability retirement benefits provided under the              
          ERS are not payments derived from some sort of tort claim against           
          Baltimore County.  See, e.g., Flaherty v. Commissioner, T.C.                
          Memo. 1987-61 (Internal Revenue Service employee’s disability               
          retirement annuity payments received under the Civil Service                
          Retirement System were not excludable under section 104(a)(2)               
          because the payments were intended to provide for the physical              
          and mental well-being of the employee and were not damages from             
          the settlement or prosecution of a legal suit).  Accordingly,               
          section 104(a)(2) does not apply to exclude from gross income the           
          ordinary disability retirement benefits received by petitioners             
          in taxable year 2000.                                                       









Page:  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