Ronald J. and Linda Gabriel - Page 16




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          benefits”, and to have such payments “deemed to have been paid in           
          lieu of Worker’s Compensation” and thus afford nontaxable status            
          to the benefits paid.  Finally, the city council makes “no                  
          warranties that the Internal Revenue Service or any other taxing            
          jurisdiction will abide by such retroactive redesignation.”                 
               This case is distinguishable from Strickland v.                        
          Commissioner, 540 F.2d 1196 (4th Cir. 1976), revg. T.C. Memo.               
          1974-188, cited by petitioner.  Strickland involved an award of             
          service-connected disability benefits by the Veteran’s                      
          Administration (VA).  The Court of Appeals for the Fourth Circuit           
          held that a retired veteran of the Army awarded such disability             
          payments was entitled to an exclusion from gross income under               
          section 104(a)(4) and 38 U.S.C. section 3101.3  Unlike this case,           
          Strickland discussed the effect of a Federal law, namely 38                 
          U.S.C. section 3010, which the Court of Appeals held, clearly               
          contemplated retroactive disability awards in that it permitted             
          the date of application for such an award to be treated as the              
          “effective date” of the award itself.  The period of                        


               3    Title 38 U.S.C. sec. 3101(a) provides:  Payments of               
          benefits due or to become due under any law administered by the             
          Veterans Administration shall be exempt from taxation.”                     
               Title 38 U.S.C. sec. 3101 has been reorganized and                     
          renumbered pursuant to the Department of Veterans Health Care               
          Personnel Act of 1991, Pub. L. 102-40, 105 Stat. 187 (1991), and            
          the Department of Veterans Affairs Certification Act, Pub. L.               
          102-83, 105 Stat. 378 (1991) (codified at 38 U.S.C. sec. 5301               
          (1999)).                                                                    





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