- 5 - Commissioner, T.C. Memo. 2003-19; Thomas v. Commissioner, T.C. Memo. 2001-120; Maki v. Commissioner, T.C. Memo. 1996-209. Absent some exception, then, Mr. Reimels’s Social Security disability insurance benefits are includable in petitioners’ gross income as provided in section 86 and as respondent determined in the notice of deficiency. The question is whether section 104 provides an exception that allows petitioners to exclude Mr. Reimels’s Social Security disability insurance benefits from gross income. II. Exclusion From Gross Income Under Section 104 A. The Parties’ Contentions Section 104(a) excludes from gross income certain compensation for injuries or sickness. Petitioners rely upon section 104(a)(4), which excludes from gross income “amounts received as a pension, annuity, or similar allowance for personal injuries or sickness resulting from active service in the Armed Forces of any country”. Petitioners contend that the requirements of section 104(a)(4) are met because the Social Security Administration granted Mr. Reimels’s disability insurance benefits solely on the basis of his disability, which resulted from Mr. Reimels’s active service in the U.S. Armed Forces. 4(...continued) 401-434 (2000); i.e., amounts received as disability insurance benefits.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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