- 11 - The mere labeling or designation of a job as “temporary” is not determinative; the duration of a job is indefinite if termination is not foreseeable within a short period of time. Garlock v. Commissioner, 34 T.C. 611 (1960); Allison v. Commissioner, T.C. Memo. 1986-346. Moreover, employment that was temporary in its inception may become indefinite due to change in circumstances, or simply by the passage of time. See Mitchell v. Commissioner, supra at 581; Norwood v. Commissioner, 66 T.C. 467, 469-470 (1976); Kroll v. Commissioner, 49 T.C. 557, 562 (1968); Moxey v. Commissioner, T.C. Memo. 1988-156. Similarly, although petitioner’s injuries were labeled as “temporary”, there was no reasonable indication, nor could it be reasonably anticipated or be foreseen at the time of the distribution in 2003, when or if petitioner would be able to return to work. Even if petitioner’s injuries were “temporary” initially, over time, they became indefinite. The inability to predict when petitioner would be able to return to work, if ever, caused the disability to be indefinite within the meaning of section 72(m)(7) and section 1.72-17A(f)(3), Income Tax Regs. See Brown v. Commissioner, supra. The Court finds that petitioner’s physical injuries, which were of a long-continued and indefinite duration, prevented him from engaging in his customary or any comparable substantial gainful activity. Accordingly, petitioner was disabled withinPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: May 25, 2011