- 15 - 4. Sections 104(a)(3) and 105 Section 104(a)(3) generally excludes from gross income amounts received by an employee through employer-provided accident or health insurance for personal injuries or sickness, except to the extent such amounts are attributable to employer contributions which were not includable in the gross income of the employee. Section 105(a) is essentially the mirror image of section 104(a)(3), and, subject to two exceptions, includes in gross income of an employee those amounts not excluded under section 104(a)(3). In the instant case, petitioner contributed a percentage of his salary to the ERS on an after-tax basis prior to October 1, 1989, and on a pre-tax basis thereafter. The ERS calculated the nontaxable portion of petitioner’s taxable year 2000 ordinary disability retirement benefits attributable to his after-tax contributions to be $255, and respondent has allowed petitioners to exclude this amount from gross income. The remaining portion of petitioner’s ordinary disability retirement benefits is attributable to contributions by Baltimore County that were not included in petitioner’s gross income, and to “pick up” contributions under section 414(h)(2) made by Baltimore County that were treated as employer contributions and not included in petitioner’s gross income. Accordingly, petitioners are not entitled to exclude under section 104(a)(3) the remaining portionPage: 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