- 2 - Pursuant to section 7463(b), the decisions to be entered are not reviewable by any other court, and this opinion shall not be treated as precedent for any other case. The issue for decision is whether disability pension benefits are excludable from petitioners’ gross income pursuant to section 105(c) for taxable years 2002 and 2003. Background Some of the facts have been stipulated by the parties. The stipulations, with accompanying exhibits, are incorporated herein by this reference. At the time the petition for docket No. 22366-04S was filed, petitioners resided in Santa Fe, New Mexico. By the time the petition for docket No. 11333-05S was filed, petitioners resided in El Paso, Texas. Petitioner, Millard Thomas (Mr. Thomas), was employed by Stone Container Corp. (Stone Container) and its predecessors from 1970 to 1995. In 1995, Mr. Thomas applied for disability pension benefits from Pace Industry Union-Management Pension Fund (PIUMPF).2 These benefits were granted in 1996. Mr. Thomas’s disability consists of lower back pain caused by degenerative disk disease, and leg pain caused by chronic varicose veins. His leg disability was apparently the result of a work-related injury 2Some exhibits refer to the “Paper Industry Union-Management Pension Fund” rather than to “Pace”. “Pace” is an acronym for “Paper, Allied Industries, Chemical and Energy Workers’ Union International,” and the two titles apparently refer to one and the same pension plan or pension fund.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 NextLast modified: November 10, 2007