William D. and Joyce M. Reimels - Page 11

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          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.                                         







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