-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 Next
Last modified: March 27, 2008