- 11 - and its progeny, Mr. Reimels’s Social Security disability insurance benefits were not paid for personal injuries or sickness resulting from military service within the meaning of section 104(a)(4). Accordingly, these Social Security disability insurance benefits, which are expressly includable in income to the extent provided under section 86, are not eligible for exclusion under section 104(a)(4). D. Petitioners’ Argument To Distinguish Haar v. Commissioner Petitioners argue that Haar is distinguishable in that the taxpayer in Haar had been denied disability compensation from the Veterans’ Administration, whereas the Veterans’ Administration awarded Mr. Reimels a 100-percent service-connected disability. This Court has previously concluded, however, that Haar cannot be fairly distinguished on such grounds. As we stated in Kiourtsis v. Commissioner, supra: Contrary to petitioner’s assertions, the key to the holding of Haar and its progeny is not whether the taxpayer received disability compensation from the Veterans Administration or whether there was a specific finding that the disability was service-related. Haar looked to the retirement plan under the Civil Service Retirement Act, and determined that it was “not designed to provide compensation for military injuries.” * * * Similarly, as just discussed, disability insurance benefits under the Social Security Act are not designed to provide compensation for military injuries.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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