-29- 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,Page: Previous 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 NextLast modified: March 27, 2008