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I just received my 100% disability from VA. What is the law…

Customer Question
I just received my...

I just received my 100% disability from VA. What is the law concerning back income becoming non-income. I have hear the name Strickland ruling but I can not find it to confirm if that is it or not. I was awarded back to July 1, 2015 in back disability and I need this answer for my tax auditor who does not know this rule as I have asked her. Thank you for your help and consideration in this matter.

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state this is in?

I live in Washington State but I am retired military and this concerns my federal law as I do not pay state tax here

Lawyer's Assistant: Has anything been filed or reported?

I have all ready filed my 2015,2016 and I am getting read to file my 2017 tax return. I have a letter from the VA administration stating I am at 100% disability and now all of my Naval pay will be going to VA as I cannot receive both from the government, only 1 as the VA makes it non-taxable income

Lawyer's Assistant: When we are ready I'll take you to the appropriate web page.

Ok tks

Submitted: 1 month ago.Category: Military Law
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Answered in 1 hour by:
12/28/2017
Military Lawyer: P. Simmons, Military Lawyer replied 1 month ago
P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 14,864
Experience: Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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Hi, My name is***** am an attorney with over 16 years experience. Hopefully I can help you with your legal question.

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Military Lawyer: P. Simmons, Military Lawyer replied 1 month ago

I am very familiar with VA rules (I served as a VSO-veterans services officer for some time). But not sure I understand your question. What do you mean

What is the law concerning back income becoming non-income.

What is it you want to understand about this?

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Customer reply replied 1 month ago
As I said I just received my 100% rating dating back to 1July 2015. I have filed taxed for 2015 and 2016 and am getting ready for 2017. In 2007 I had a similar situation but the CPA I was using at that time got my tax returned amended for 2005 and 2006 to make what I have received in taxable pay from my naval retirement pension to be a non-taxable pay due to the VA disability rating. I don't have my 2006 return as it was lost in shipment from Guam to the U.S. when I moved here in 2013. I remember the name of as being the Strickland rule but I can not remember to IRS code for it. All I know at this point is the ruling allows me to have my income from the naval retirement pension that was taxable now becomes a non-taxable income
base on my new rating of disability dating back to 1 July 2015. I have to submit amended tax returns using this IRS code and the VA letter. I have to send it in paperwork as it cannot be filed electronically. This what I am looking for and I hope I have explained it to you so you can find the code or the ruling so I can print it out and send it in with my amended returns and my 2017 return. Thank you for your consideration and help in this matter.
Military Lawyer: P. Simmons, Military Lawyer replied 1 month ago

Thank you

What "code" are you referring to?

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Customer reply replied 1 month ago
forget it I will find it myself somehow.
Military Lawyer: P. Simmons, Military Lawyer replied 1 month ago

I wish you the best...

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P. Simmons
P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
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Experience: Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.

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