William D. and Joyce M. Reimels - Page 16

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          Acknowledging that petitioners’ position is not without force or            
          appeal, we feel compelled to conclude that any impetus for change           
          should come from the legislature, rather than this Court.                   
               For these reasons, and adhering to this Court’s reasoning in           
          Haar and its progeny, we conclude that because Mr. Reimels’s                
          Social Security disability insurance benefits were not paid as              
          compensation for military injuries or sickness, they are not                
          excludable under section 104(a)(4).                                         
               F.  Petitioners’ Alternate Contentions                                 
               1.  Section 104(b)(2)                                                  
               Petitioners make what appear to be alternate contentions on            
          the basis of the section 104(b)(2) limitations to section                   
          104(a)(4).  Essentially, petitioners contend that because Mr.               
          Reimels meets one or several of the requirements in section                 
          104(b)(2), petitioners are entitled to exclude Mr. Reimels’s                
          Social Security disability insurance benefits.                              
               Congress enacted section 104(b) to curb perceived abuses.13            



               13 The relevant legislative history explains the reasons for           
          the 1976 amendments as follows:                                             
               In many cases, armed forces personnel have been                        
               classified as disabled for military service shortly                    
               before they would have become eligible for retirement                  
               principally to obtain the benefits of the special tax                  
               exclusion on the disability portion of their retirement                
               pay.  In most of these cases the individuals, having                   
               retired from the military, earn income from other                      
                                                             (continued...)           





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