- 5 - account for the differing tax treatments of the separation and disability payments. See Berger v. Commissioner, 76 T.C. 687, 691-692 (1981) (quoting S. Rept. 1096, 87th Cong., 1st Sess. (1961), 1961 U.S.C.C.A.N. 1783, 1786). In 1980, Congress enacted the Defense Officer Personnel Management Act, Pub. L. 96-513, 94 Stat. 2835, which amended the separation pay recoupment statute, replacing the 75-percent recoupment with total recoupment. See Pub. L. 96-513, Title I, sec. 109(c), 94 Stat. 2870, 2871 (1980) (effective Sept. 15, 1981) (codified at 10 U.S.C. sec. 1174(h)(2)). No alternative provision was established to relieve the imbalance of recouping taxable separation pay with nontaxable disability compensation, indicating that Congress’ intent was to eliminate the tax relief for recoupment. Petitioner’s being diagnosed with the disability during his military service does not change the analysis under 10 U.S.C. 1174(h). Petitioner originally received taxable separation benefits, and no provision for reclassifying the separation pay is provided by any applicable statute. Therefore, the character of the separation benefits remained taxable even after petitioner became eligible for disability compensation. Petitioners must include the $99,434.30 separation payment in income on their 1992 Federal income tax return. Petitioner has asserted that he knows of two fellow veterans, who were initially awarded separation pay and werePage: Previous 1 2 3 4 5 6 Next
Last modified: May 25, 2011