Ronald J. and Linda Gabriel - Page 17




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          retroactivity allowed for income tax purposes in that case was 9            
          to 10 months, coinciding with the interval between the veteran’s            
          filing and the VA’s granting his application for the disability             
          benefits.                                                                   
               In the present case petitioner applied to the city council             
          on January 26, 2000, for recertification of his benefits and the            
          application received final approval the following March 27.                 
          There is no dispute presented over the characterization of                  
          payments received during the 2-month interim.  Rather,                      
          petitioner, by relying on section 10-12, as amended in 1999,                
          attempts to recharacterize income received by petitioner in 1992,           
          at least 7 years before.  The sole purpose of amended section 10-           
          12 paragraph L, allowing for recertification and redesignation of           
          disability benefits, is to afford a favorable treatment for                 
          Federal income tax purposes.  We conclude that section 10-12, as            
          amended in 1999, does not grant retroactive effect for Federal              
          tax purposes to the benefits petitioner received in 1992.                   
          Conclusion                                                                  
               This matter is before the Court on cross-motions for summary           
          judgment.  The only question raised by this action is a question            
          of law; namely, whether a disability pension amount received                
          during 1992 by petitioner under section 10-12 of the Cranston               
          City Code or the collective bargain agreement should be                     
          considered taxable income to him.  We hold that the amount                  






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