Ralph E. Frahm & Erika C. Frahm - Page 25




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               SEC. 105.  AMOUNTS RECEIVED UNDER ACCIDENT AND HEALTH                  
                    PLANS.                                                            
                 *       *       *       *       *       *       *                    
                    (b) Amounts Expended for Medical Care.–-                          
                    * * * gross income does not include amounts                       
                    referred to in subsection (a)[29] if such                         
                    amounts are paid, directly or indirectly, to                      
                    the taxpayer to reimburse the taxpayer for                        
                    expenses incurred by him for the medical care                     
                    (as defined in section 213(d)) of the tax-                        
                    payer, his spouse, and his dependents                             
                    * * *.[30]  [Emphasis added.]                                     
          Section 105(b) excludes from gross income amounts referred to in            
          section 105(a) that an employer pays, directly or indirectly, to            
          an employee in order to reimburse the employee for expenses for             
          the medical care, as defined in section 213(d), of not only the             
          employee, but also the employee’s spouse and dependents.                    
               During the years at issue, pursuant to the AgriPlan/AgriBiz            
          medical reimbursement plan, Mr. Frahm, as Ms. Frahm’s employer,             


               29Sec. 105(a) provides:                                                
                    (a) Amounts Attributable to Employer                              
               Contributions.--Except as otherwise provided in this                   
               section, amounts received by an employee through acci-                 
               dent or health insurance for personal injuries or                      
               sickness shall be included in gross income to the                      
               extent such amounts (1) are attributable to contribu-                  
               tions by the employer which were not includible in the                 
               gross income of the employee, or (2) are paid by the                   
               employer.                                                              
               30For purposes of sec. 105(b), expenses for medical care               
          include amounts paid as premiums for insurance covering medical             
          care referred to in sec. 213(d)(1)(A) and (B) and for any quali-            
          fied long-term care insurance contract as defined in sec.                   
          7702B(b).  Sec. 213(d)(1)(D).                                               






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