- 7 - Administration (GSA), and was finally retired from GSA on disability because of his hearing disability. He sought to exclude from gross income annuity payments thereafter received from the Civil Service Retirement and Disability Fund. He contended that the Civil Service disability amount should be excluded from gross income, regardless of whether the retirement plan was a military one, so long as the disability pension was paid for an injury incurred during active service. Id. at 866. This Court held otherwise, focusing instead on the provisions of the retirement plan: No case has previously considered whether section 104(a)(4) can be applied to exclude from income payments made to persons who retire from nonmilitary employment. Although the ambiguous wording of section 104(a)(4) provides some superficial support for petitioner's position, this is overshadowed by the fact that the Civil Service Retirement Act * * * is not designed to provide compensation for military injuries. 5 U.S.C. sec. 8331(6) defines "disability" to mean the total disability for useful and efficient service in the grade or class of position last occupied by the employee, because of disease or injury. Under this provision, the nature or cause of the disability is irrelevant; all that is taken into consideration is the employee's ability to perform his or her job. Thus, in determining eligibility for disability retirement and the amount of disability annuity payments, no consideration is given to whether the disease or injury arose from military service. Id. at 866-867 (emphasis added); accord French v. Commissioner, T.C. Memo. 1991-417; cf. Lonestar v. Commissioner, T.C. Memo. 1984-80.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: May 25, 2011