Ramon J. and Sheila A. Jeanmarie - Page 7

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          (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 entitled           






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