- 7 - Congress enacted section 104(b) to curb perceived abuses of section 104(a)(4).2 Section 104(b)(1) provides that the exclusion under section 104(a)(4) is restricted to the classes of individuals described in section 104(b)(2), as follows: (2) Individuals to whom subsection (a)(4) continues to apply.--An individual is described in this paragraph if–- (A) on or before September 24, 1975, he was entitled to receive any amount described in subsection (a)(4), (B) on September 24, 1975, he was a member of any organization (or reserve component thereof) referred to in subsection (a)(4) or under a binding written commitment to become such a member, (C) he receives an amount described in subsection (a)(4) by reason of a combat-related injury, or (D) on application therefor, he would be entitled to receive disability compensation from the Veterans’ Administration. For purposes of section 104(b)(2)(C), the term “combat-related injury” means personal injury or sickness that is: (1) Incurred as a direct result of armed conflict, while engaged in extra 2The 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 employment while receiving tax-free “disability” payments from the military. * * * [H. Rept. 94-658, at 152 (1975), 1976-3 C.B. (Vol. 2) 695, 844.]Page: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: May 25, 2011