Amended 2002, 2003
- 2003 Pub. L. 108-121 Pub. L. 108–121, § 110(a)(3)(A), inserted “, astronauts,” after “Forces” in section catchline.
- 2002 Pub. L. 107-134 Pub. L. 107–134, § 101(c)(1), amended section catchline generally. Prior to amendment, catchline read as follows: “Income taxes on members of Armed Forces on death”.
(a) General rule In the case of any individual who dies while in active service as a member of the Armed Forces of the United States, if such death occurred while serving in a combat zone (as determined under section 112) or as a result of wounds, disease, or injury incurred while so serving—
Amended 1975
- 1975 Pub. L. 93-597 Pub. L. 93–597, § 4(a)(1), (2), designated existing provisions as subsec. (a), added heading, and in subsec. (a) as so designated, struck out “during an induction period (as defined in section 112(c)(5))”, respectively.
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(1) any tax imposed by this subtitle shall not apply with respect to the taxable year in which falls the date of his death, or with respect to any prior taxable year ending on or after the first day he so served in a combat zone; and
Amended 2014
- 2014 Pub. L. 113-295 Pub. L. 113–295 struck out “after June 24, 1950” after “combat zone”.
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(2) any tax under this subtitle and under the corresponding provisions of prior revenue laws for taxable years preceding those specified in paragraph (1) which is unpaid at the date of his death (including interest, additions to the tax, and additional amounts) shall not be assessed, and if assessed the assessment shall be abated, and if collected shall be credited or refunded as an overpayment.
(b) Individuals in missing status For purposes of this section, in the case of an individual who was in a missing status within the meaning of section 6013(f)(3)(A), the date of his death shall be treated as being not earlier than the date on which a determination of his death is made under section 556 of title 37 of the United States Code. Except in the case of the combat zone designated for purposes of the Vietnam conflict, the preceding sentence shall not cause subsection (a)(1) to apply for any taxable year beginning more than 2 years after the date designated under section 112 as the date of termination of combatant activities in a combat zone.
Amended 1975, 1976, 1983, 1986
- 1986 Pub. L. 99-514 Pub. L. 99–514 amended last sentence generally. Prior to amendment, sentence read as follows: “The preceding sentence shall not cause subsection (a)(1) to apply for any taxable year beginning—
“(1) after December 31, 1982, in the case of service in the combat zone designated for purposes of the Vietnam conflict, or
“(2) more than 2 years after the date designated under section 112 as the date of termination of combatant activities in that zone, in the case of any combat zone other than that referred to in paragraph (1).”
- 1983 Pub. L. 97-448 Pub. L. 97–448 substituted “December 31, 1982” for “January 2, 1978”.
- 1976 Pub. L. 94-569 Pub. L. 94–569 substituted “to apply for any taxable year beginning” for “to apply for any taxable year beginning more than 2 years after” in provisions preceding par. (1), substituted “after January 2, 1978” for “the date of enactment of this subsection” in par. (1), and substituted “more than 2 years after the date designated” for “the date designated” in par. (2).
- 1976 Pub. L. 94-455 Pub. L. 94–455 substituted “of members” for “on members” in heading.
- 1975 Pub. L. 93-597 Pub. L. 93–597, § 4(a)(3), added subsec. (b).
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(c) Certain military or civilian employees of the United States dying as a result of injuries
Amended 1984, 2002
- 2002 Pub. L. 107-134 Pub. L. 107–134, § 113(b)(2), struck out “sustained overseas” after “injuries” in heading.
- 1984 Pub. L. 98-259 Pub. L. 98–259 added subsec. (c).
(1) In general In the case of any individual who dies while a military or civilian employee of the United States, if such death occurs as a result of wounds or injury which was incurred while the individual was a military or civilian employee of the United States and which was incurred in a terroristic or military action, any tax imposed by this subtitle shall not apply—
Amended 1984, 2002
- 2002 Pub. L. 107-134 Pub. L. 107–134, § 113(b)(1), struck out “outside the United States” before “in a terroristic or military action” in introductory provisions.
- 1984 Pub. L. 98-369 Pub. L. 98–369, § 722(g)(2), which directed amendment of par. (1) of this section by substituting “as a result of wounds or injury which was incurred while the individual was a military or civilian employee of the United States and which was incurred” for “as a result of wounds or injury incurred” was executed to par. (1) of subsec. (c) to reflect the probable intent of Congress.
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(A) with respect to the taxable year in which falls the date of his death, and
(B) with respect to any prior taxable year in the period beginning with the last taxable year ending before the taxable year in which the wounds or injury were incurred.
(2) Terroristic or military action For purposes of paragraph (1), the term “terroristic or military action” means—
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(A) any terroristic activity which a preponderance of the evidence indicates was directed against the United States or any of its allies, and
Amended 1984
- 1984 Pub. L. 98-369 Pub. L. 98–369, § 722(g)(3), inserted “which a preponderance of the evidence indicates was”.
(B) any military action involving the Armed Forces of the United States and resulting from violence or aggression against the United States or any of its allies (or threat thereof).
For purposes of the preceding sentence, the term “military action” does not include training exercises.
(3) Treatment of multinational forces For purposes of paragraph (2), any multinational force in which the United States is participating shall be treated as an ally of the United States.
(d) Individuals dying as a result of certain attacks
Amended 2002
- 2002 Pub. L. 107-134 Pub. L. 107–134, § 101(a), added subsec. (d).
(1) In general In the case of a specified terrorist victim, any tax imposed by this chapter shall not apply—
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(A) with respect to the taxable year in which falls the date of death, and
(B) with respect to any prior taxable year in the period beginning with the last taxable year ending before the taxable year in which the wounds, injury, or illness referred to in paragraph (3) were incurred.
(2) $10,000 minimum benefit If, but for this paragraph, the amount of tax not imposed by paragraph (1) with respect to a specified terrorist victim is less than $10,000, then such victim shall be treated as having made a payment against the tax imposed by this chapter for such victim’s last taxable year in an amount equal to the excess of $10,000 over the amount of tax not so imposed.
(3) Taxation of certain benefits Subject to such rules as the Secretary may prescribe, paragraph (1) shall not apply to the amount of any tax imposed by this chapter which would be computed by only taking into account the items of income, gain, or other amounts attributable to—
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(A) deferred compensation which would have been payable after death if the individual had died other than as a specified terrorist victim, or
(B) amounts payable in the taxable year which would not have been payable in such taxable year but for an action taken after September 11, 2001.
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(4) Specified terrorist victim For purposes of this subsection, the term “specified terrorist victim” means any decedent—
(A) who dies as a result of wounds or injury incurred as a result of the terrorist attacks against the United States on April 19, 1995, or September 11, 2001, or
(B) who dies as a result of illness incurred as a result of an attack involving anthrax occurring on or after September 11, 2001, and before January 1, 2002.
Such term shall not include any individual identified by the Attorney General to have been a participant or conspirator in any such attack or a representative of such an individual.
(5) Relief with respect to astronauts The provisions of this subsection shall apply to any astronaut whose death occurs in the line of duty, except that paragraph (3)(B) shall be applied by using the date of the death of the astronaut rather than September 11, 2001.
Amended 2003
- 2003 Pub. L. 108-121 Pub. L. 108–121, § 110(a)(1), added par. (5).