- 6 - The principal case interpreting the application of section 104(a)(4) is Haar v. Commissioner, 78 T.C. 864 (1982), affd. 709 F.2d 1206, 1207 (8th Cir. 1983) "on the basis of * * * [this Court's] opinion." In that case, the taxpayer had served in the U.S. Air Force and had sustained a hearing disability caused by a war injury. After discharge from the Air Force he worked a number of years as a civilian auditor for the General Services 2(...continued) sickness resulting from active service in the armed forces * * * * * * * * * * (b) Termination of Application of Subsection (a)(4) in Certain Cases. (1) In general. Subsection (a)(4) shall not apply in the case of any individual who is not described in paragraph (2). (2) Individuals to whom subsection (a)(4) continues to apply. An individual is described in this paragraph if-- (A) on or before September 24, 1975, he was entitled to receive any amount described in subsection (a)(4), * * * * * * * (C) he receives an amount described in subsection (a)(4) by reason of a combat- related injury, or (D) on application therefor, he would be entitled to receive disability compensation from the Veterans' Administration.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: May 25, 2011