William D. and Joyce M. Reimels - Page 13

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          disability compensation statutes qualify for exclusion under                
          section 104(a)(4).10  Specifically, in 1976, responding to                  
          perceived abuses of the section 104(a)(4) exclusion, Congress               
          acted to severely restrict its availability.  As stated in the              
          legislative history to the 1976 amendments of section 104:                  
               Military personnel can exclude from income pensions for                
               personal injuries or sickness paid by the Department of                
               Defense (as well as all Veterans Administration                        
               disability compensation).                                              
                         *    *    *    *    *    *    *                              
                    The House bill * * * eliminates the exclusion for                 
               non-combat related disability pensions for those who                   
               joined the armed forces after September 24, 1975, but                  
               continues the exemption for V.A. disability                            
               compensation or an equivalent amount paid by the                       
               Department of Defense.  * * *  [S. Conf. Rept. 94-1236,                
               at 432 (1976), 1976-3 C.B. (Vol. 3) 807, 836; emphasis                 
               added.]                                                                
               As a general principle, provisions granting special tax                
          exemptions are to be strictly and narrowly construed.  See                  
          Commissioner v. Schleier, 515 U.S. 323, 328 (1995); Helvering v.            
          Northwest Steel Rolling Mills, Inc., 311 U.S. 46, 49 (1940).  We            
          believe this general principle has particular cogency in the                
          instant case:  as previously discussed, in 1983 Congress reversed           

               10 One example of a disability compensation statute that is            
          designed, at least in part, to compensate individuals for                   
          military injuries, is 10 U.S.C. sec. 1201 (2000).  Under this               
          provision, military disability retirement pay is available for,             
          among other things, a disability that is the proximate result of            
          performing active duty, a disability that was incurred in the               
          line of duty in time of war or national emergency, or a                     
          disability that was incurred in the line of duty after Sept. 14,            
          1978.                                                                       





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