Ronald Neil and Makbule Robinson - Page 3

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          1995, petitioners decreased their gross income by $99,434,                  
          stating their reason as follows:                                            
               IN JULY, 1993, TAXPAYERS WERE INFORMED THAT $99,434.30                 
               OF GROSS WAGES ORIGINALLY REPORTED IN 1992 WOULD BE                    
               RECLASSIFIED FROM SEVERANCE PAY TO DISABILITY PAY.                     
               1992 GROSS WAGES, WHICH ORIGINALLY INCLUDED THIS                       
               AMOUNT, SHOULD BE REDUCED BY THIS NON TAXABLE                          
               DISABILITY INCOME.                                                     
          Petitioner argues that, when the Department of Veterans Affairs             
          determined he was entitled to disability compensation, the lump-            
          sum distribution received from the voluntary incentive program              
          was reclassified as disability pay and, thus, was not includable            
          in gross income pursuant to section 104(a)(4).                              
               The Special Separation Benefits Program, 10 U.S.C. sec.                
          1174a (Supp. IV 1992), in which petitioner participated was                 
          enacted by Pub. L. 102-190, title VI, sec. 661(a)(1), 105 Stat.             
          1394 (1991).  Its purpose was to “give a reasonable, fair choice            
          to personnel who would otherwise have no option but to face                 
          selection for involuntary separation” due to military strength              
          reductions.  H. Conf. Rept. 102-311, at 556 (1991), 1991                    
          U.S.C.C.A.N. 1042, 1111-1113.                                               
               While 10 U.S.C. sec. 1174a does not address the effect of              
          Department of Veterans Affairs disability payments on separation            
          benefits, 10 U.S.C. sec. 1174(h)(2) (Supp. IV 1992) (the                    
          recoupment statute) applies to the Special Separation Benefits              
          Program.  10 U.S.C. sec. 1174a(g) (Supp. IV 1992).  The                     
          recoupment statute provides:                                                





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