Legal Opinion

Reimels v. Comm'r

United States Tax Court

Decided August 26, 2004No. 9182-02Published

While actively serving in the U.S. Armed Forces in the Vietnam conflict, H was exposed to Agent Orange and consequently developed lung cancer. During 1999, H received Social Security disability insurance benefits on account of his lung cancer.

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While actively serving in the U.S. Armed Forces in the Vietnam conflict, H was exposed to Agent Orange and consequently developed lung cancer. During 1999, H received Social Security disability insurance benefits on account of his lung cancer. Held: The Social Security disability insurance benefits that H received in 1999 are includable in Ps' gross income under sec. 86, I.R.C., and are not excludable under sec. 104(a)(4), I.R.C.Haar v. Commissioner, 78 T.C. 864, 866 (1982), affd. 709 F.2d 1206 (8th Cir. 1983), followed.

1Opinion of the Court

WILLIAM D. AND JOYCE M. REIMELS, Petitioners v. COMMISSIONER OF INTERNAL REVENUE, Respondent

Reimels v. Comm'r

No. 9182-02

United States Tax Court

123 T.C. 245; 2004 U.S. Tax Ct. LEXIS 38; 123 T.C. No. 13;

August 26, 2004., Filed

Social Security disability insurance benefits petitioner received in 1999 were not excludable from gross income.

While actively serving in the U.S. Armed Forces in the Vietnam conflict, H was exposed to Agent Orange and consequently developed lung cancer. During 1999, H received Social Security disability insurance benefits on account of his lung cancer.

Held: The Social…

2Cases cited14 opinions

  1. Cleveland v. Policy Management Systems Corp.Supreme Court of the United States · 1999
  2. Hibbs v. WinnSupreme Court of the United States · 2004
  3. Commissioner v. SchleierSupreme Court of the United States · 1995
  4. Mathews v. De CastroSupreme Court of the United States · 1976
  5. Helvering v. Northwest Steel Rolling Mills, Inc.Supreme Court of the United States · 1940

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