William D. and Joyce M. Reimels - Page 1

                                   123 T.C. No. 13                                    


                               UNITED STATES TAX COURT                                


                   WILLIAM D. AND JOYCE M. REIMELS, Petitioners v.                    
                    COMMISSIONER OF INTERNAL REVENUE, Respondent                      


               Docket No. 9182-02.               Filed August 26, 2004.               


               While actively serving in the U.S. Armed Forces in the                 
               Vietnam conflict, H was exposed to Agent Orange and                    
               consequently developed lung cancer.  During 1999, H received           
               Social Security disability insurance benefits on account of            
               his lung cancer.                                                       
               Held:  The Social Security disability insurance benefits               
               that H received in 1999 are includable in Ps’ gross income             
               under sec. 86, I.R.C., and are not excludable under sec.               
               104(a)(4), I.R.C.  Haar v. Commissioner, 78 T.C. 864, 866              
               (1982), affd. 709 F.2d 1206 (8th Cir. 1983), followed.                 


               William D. Reimels and Joyce M. Reimels, pro sese.                     
               Linda P. Azmon, for respondent.                                        







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