Ramzy M. and Lena Kopty - Page 29




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         individual from engaging in his customary or any comparable                  
         substantial gainful activity.  Id.  In order to meet the                     
         requirements of section 72(m)(7), the regulations provide that               
         “an impairment must be expected either to continue for a long and            
         indefinite period or to result in death.”  Sec. 1.72-17A(f)(3),              
         Income Tax Regs.  An impairment which is remediable does not                 
         constitute a disability, and an individual will not be deemed                
         disabled if it can be diminished to the extent that the                      
         individual can engage in his customary or any comparable                     
         substantial gainful activity.  Sec. 1.72-17A(f)(4), Income Tax               
         Regs.  Furthermore, a taxpayer may be engaged in a gainful                   
         activity even though he realizes a net loss from that activity               
         during the year.  See Dwyer v. Commissioner, 106 T.C. 337, 341               
         (1996).                                                                      
              In this case, petitioners introduced into evidence certain              
         medical records involving the medical treatment of Mr. Kopty’s               
         heart condition.  Based upon those records they claim that "from             
         1999 onwards, Ramzy Kopty was disabled due to heart failure and              
         unable to engage in any substantial gainful activity."  According            
         to petitioners, Mr. Kopty "had no income after 2000 which is                 
         reflected in petitioners[’] tax returns for the years 2001, 2002,            
         2003, 2004."  Petitioners assert that Mr. Kopty receives long-               
         term disability benefits from the U.S. Social Security                       
         Administration.  Based upon Mr. Kopty’s heart disease,                       







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