United States Tax Court December 27, 1978, Docket No. 1722-77 (Stout v. Commissioner)

OPINION

Dawson, Judge:

Respondent determined a deficiency of $430 in petitioners’ Federal income tax for the year 1974. The only issue for decision is whether petitioner John E. Stout is entitled to a sick pay exclusion of $4,940.40 in 1974 under the provisions of section 105(d).1

All of the pertinent facts have been stipulated and are found accordingly. They are summarized below.

John E.