William D. and Joyce M. Reimels - Page 12

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               E.  Petitioners’ Argument To Overturn Haar                             
               Petitioners suggest that Haar was wrongly decided and that             
          we should no longer follow it.  Petitioners contend that section            
          104(a)(4) contains no express requirement that a disability                 
          pension be received under a statute designed to compensate for              
          military injuries.  They contend that under the literal language            
          of section 104(a)(4) it is sufficient that Mr. Reimels received             
          his Social Security disability insurance benefits on account of a           
          disability resulting from combat-related injuries.                          
               In support of their contentions, petitioners rely upon                 
          Freeman v. United States, 265 F.2d 66 (9th Cir. 1959), and Prince           
          v. United States, 127 Ct. Cl. 612, 119 F. Supp. 421 (1954).                 
          Petitioners’ reliance on these cases is misplaced.  Freeman and             
          Prince involved military compensation statutes that were                    
          designed, at least in part, to compensate for injuries incurred             
          during, or as an incident of, active military service.  In each             
          case, the court linked the taxpayer’s injuries to that portion of           
          the retirement statute that awarded benefits for service-                   
          connected disabilities.                                                     
               The instant case, like Haar and its progeny, and unlike                
          Freeman and Prince, does not involve benefits received under                
          military compensation statutes.  Relevant legislative history               
          supports the view that only pensions, annuities, or similar                 
          allowances that are received under what are essentially military            






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