Legal Opinion

Oliva v. Commissioner

United States Tax Court

Decided March 22, 1956No. Docket No. 52236Published

Petitioner seeks to exclude from his 1950 reported income the amount of $ 1,215.99 which represents sickness benefits paid to him during that year by his employer under a so-called Disability Benefit Plan as health insurance under section 22 (b) (5), I. R. C. 1939. Held, the amounts paid petitioner were not "health insurance" under section 22 (b) (5).

1Opinion of the Court

Joseph Oliva, Petitioner, v. Commissioner of Internal Revenue, Respondent

Oliva v. Commissioner

Docket No. 52236

United States Tax Court

25 T.C. 1289; 1956 U.S. Tax Ct. LEXIS 232;

March 22, 1956, Filed

Decision will be entered for the respondent.

Petitioner seeks to exclude from his 1950 reported income the amount of $ 1,215.99 which represents sickness benefits paid to him during that year by his employer under a so-called Disability Benefit Plan as health insurance under section 22 (b) (5), I. R. C. 1939. Held, the amounts paid petitioner were not "health insurance" under section 22 (b) (5).

Joseph…

Also in this document: Dissent.

2Cases cited11 opinions

  1. Commissioner of Internal Revenue v. TreganowanCourt of Appeals for the Second Circuit · 1950
  2. Epmeier v. United StatesCourt of Appeals for the Seventh Circuit · 1952
  3. Waller v. United StatesCourt of Appeals for the D.C. Circuit · 1950
  4. Blackburn v. CommissionerUnited States Tax Court · 1950
  5. Herbkersman v. United StatesDistrict Court, S.D. Ohio · 1955

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