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Strickland Decision Question- HELP

I just received a letter from the IRS that my husband's military retirement pay in 2006 should have been taxable. Let me ask this, he is currenlty TDRL does the Strickland Decision with excludable...

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Re: Strickland Decision Question- HELP

Ch61 pay is only tax free if the retirement is based on combat related injuries. As for filing the 1040x to receive your taxes back, that is only on the portion of the retirement which the VA recouped...

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Re: Strickland Decision Question- HELP

brianwl wrote: Ch61 pay is only tax free if the retirement is based on combat related injuries. As for filing the 1040x to receive your taxes back, that is only on the portion of the retirement which...

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Re: Strickland Decision Question- HELP

71infantry, We've been over this before. The tax free only affects those in service prior to Sep 24, 1975. After that date it is taxable income unless it is the result of combat injuries....

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Re: Strickland Decision Question- HELP

brianwl wrote: 71infantry, We've been over this before. The tax free only affects those in service prior to Sep 24, 1975. After that date it is taxable income unless it is the result of combat...

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Re: Strickland Decision Question- HELP

Wrong. I've given you the statement, now you give me the proof to support your premise. Last time we had this disagreement you admitted that you entered the service prior to Sep 75 and that was the...

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Re: Strickland Decision Question- HELP

brianwl wrote: Wrong. I've given you the statement, now you give me the proof to support your premise. Last time we had this disagreement you admitted that you entered the service prior to Sep 75 and...

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Re: Strickland Decision Question- HELP

what I found concerning strickland: http://www.taxlinks.com/rulings/1978/revrul78-161.htm This is In Strickland v. Commissioner, 540 F.2d 1196 (4th Cir. 1976), the taxpayer retired from the Army for...

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Re: Strickland Decision Question- HELP

Disability retirement payments (Not VA Disability) are taxable for those members with either total military service after September 24, 1975, or who were in the service before this date but were not...

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Re: Strickland Decision Question- HELP

Thanks for the responses. To further clarify, my husband was placed on TDRL in December 2005. In January 2006 he began recieving retirement pay. Later he recieved a VA percentage of 60% retroactive to...

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Re: Strickland Decision Question- HELP

Brian, A couple of things... 1. the orginal question was about Strickland v. Commissioner- . your responce did not answer the question but instead opened up a whole new can of worms. 2. You initial...

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Re: Strickland Decision Question- HELP

IRS Pub 525, page 16. http://www.irs.gov/pub/irs-pdf/p525.pdf

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Re: Strickland Decision Question- HELP

Thanks Janb Brian it looks like you are correct based on the IRS rules. I still wonder why I have never heard about this prior to now. But live and learn. Thanks for the discussion

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Re: Strickland Decision Question- HELP

To update everyone, I finally received a response from the IRS, they agree that we do not owe any taxes on his retirement pay based on the Retroactive VA determination. You can actually get the IRS to...

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