Roosevelt Wallace - Page 17




                                       - 17 -                                         
          legislative history is sparse.  What history there is recognizes            
          two purposes:  to “‘avoid the possibility of the Veterans’                  
          Administration * * * being placed in the position of a collection           
          agency’” and to “‘prevent the deprivation and depletion of the              
          means of subsistence of veterans dependent upon these benefits as           
          the main source of their income.’”  Rose v. Rose, 481 U.S. 619,             
          630 (1987) (addressing the assignability limitations of the                 
          provision and quoting S. Rept. 94-1243, at 147-148 (1976),                  
          reprinted in 1976 U.S.C.C.A.N. 5241, 5369, 5370).  While the                
          second of those purposes is somewhat helpful to petitioner, we do           
          not believe that the legislative history of 38 U.S.C. section               
          5301 (2000) resolves the question before us.                                
               We proceed to consider what we can determine about section             
          1718.  In comparison to the legislative history of 38 U.S.C.                



               5(...continued)                                                        
          enlarged to include all allotments and family allowances,                   
          compensation, and insurance payable under the Act.  See Act of              
          June 25, 1918, ch. 104, sec. 2, 40 Stat. 609.  That exemption               
          subsequently became sec. 22 of the World War Veterans’ Act, 1924,           
          ch. 320, 43 Stat. 607, 613, which consolidated several different            
          veterans’ benefits laws into a single statute.  Ch. 320, sec. 22,           
          43 Stat. 613, however, was repealed in 1935, and in its place               
          Congress enacted a new statute providing a broad tax exemption              
          for benefits payable “under any of the laws relating to                     
          veterans.”  See Act of Aug. 12, 1935, ch. 510, sec. 3, 49 Stat.             
          609.  That provision was codified in 38 U.S.C. sec. 3101(a)                 
          (1958), the predecessor statute to 38 U.S.C. sec. 5301(a)(1)                
          (2000).  See Manocchio v. Commissioner, 78 T.C. 989, 996 (1982)             
          (setting forth the history of the exemption through its                     
          appearance in 38 U.S.C. sec. 3101(a) (1958)), affd. 710 F.2d 1400           
          (9th Cir. 1983).                                                            





Page:  Previous  10  11  12  13  14  15  16  17  18  19  20  21  22  23  24  Next 

Last modified: November 10, 2007