- 7 - (section 104(a)(4) does not apply to disability payments made under CSRS for civilian service). For the sake of completeness, we shall address some additional points raised by petitioner. First, petitioner’s injury was not incurred in military service. Petitioner testified that he suffered from his symptoms prior to entering the Army. Second, petitioners argue that petitioner satisfied the requirements of section 104(b)(2)(D). In order for section 104(a)(4) to continue to apply pursuant to section 104(b), section 104(a)(4) must apply in the first place--i.e., the amounts must be received for personal injuries or sickness resulting from active service in the Armed Forces. We have found that section 104(a)(4) does not apply to the $13,380 petitioner received from OPM; therefore, the provisions of section 104(b) are not applicable to this case. See Kiourtsis v. Commissioner, T.C. Memo. 1996-534. Third, even if the provisions of section 104(b) were applicable to this case, petitioner is not an individual described in section 104(b)(2). Petitioners contend that petitioner was entitled to receive disability compensation from the VA and this would qualify him under section 104(b)(2)(D). Contrary to their assertions, the VA denied petitioner’s application for disability compensation (i.e., he is not entitledPage: Previous 1 2 3 4 5 6 7 8 Next
Last modified: May 25, 2011