Roosevelt Wallace - Page 12




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          any interpretive doubt is to be resolved in the veteran’s favor,            
          e.g., Natl. Org. of Veterans’ Advocates, Inc. v. Secy. of VA, 330           
          F.3d 1345, 1350 (Fed. Cir. 2003), so long as that interpretation            
          does not override the clear meaning of a particular provision,              
          e.g., Disabled Am. Veterans v. Gober, 234 F.3d 682, 692 (Fed.               
          Cir. 2000).                                                                 
               C.  Language of 38 U.S.C. Section 5301(a) (2000)                       
               With limited exceptions, section 5301(a) of title 38 (2000)            
          exempts from taxation benefit payments made pursuant to any law             
          administered by the VA.  One exception (inapplicable here) is               
          that “the exemption * * * as to taxation [shall not] extend to              
          any property purchased in part or wholly out of such payments.”             
          Id.  A second exception (also inapplicable here) exposes payments           
          of veterans’ benefits to levy for unpaid Federal taxes.  38                 
          U.S.C. sec. 5301(d).  There are no other exceptions to the                  
          exemption from taxation, and title 38 (2000) contains no                    
          definition of the term “benefit” particular to the exemption.               
          The text of 38 U.S.C. section 5301(a) (2000) is set forth in the            
          margin.4                                                                    

               4  Sec. 5301(a) of title 38 (2000) reads in full:                      
               Sec. 5301.  Nonassignability and exempt status of                      
               benefits                                                               
                    (a) Payments of benefits due or to become due                     
               under any law administered by the Secretary shall not                  
               be assignable except to the extent specifically                        
                                                             (continued...)           






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