,,ii #aadth ,,congress #b;d ,session ,h4 ,r4 #ejae ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,december #f1 #bjaf,received ,,an ,,act ,to restore amounts improperly withheld for tax purposes from severance payments to individuals who retired or separated from service in the ,armed ,forces for combat-related injuries1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,combat-,injured ,veterans ,tax ,fairness ,act of #bjaf4 #b4 ,findings ,congress makes the following findings3 7#a7 ,approximately #aj1jjj to #aa1jjj individuals are retired from service in the ,armed ,forces for medical reasons each year4 7#b7 ,some of such individuals are separated from service in the ,armed ,forces for combat-related injuries 7as defined in section #ajd7;b77#c7 of the ,internal ,revenue ,code of #aihf74 7#c7 ,congress has recognized the tremendous personal sacrifice of veterans with combat-related injuries by1 among other things1 specifically excluding from taxable income severance pay received for combat-related injuries4 7#d7 ,since #aiia1 the ,secretary of ,defense has improperly withheld taxes from severance pay for wounded veterans1 thus denying them their due compensation and a significant benefit intended by ,congress4 7#e7 ,many veterans owed redress are beyond the statutory period to file an amended tax return because they were not or are not aware that taxes were improperly withheld4 #c4 ,restoration of amounts improperly withheld for tax purposes from severance payments to veterans with combat-related injuries 7a7 ,in general ,not later than #a year after the date of the enactment of this ,act1 the ,secretary of ,defense shall-- 7#a7 identify-- 7,a7 the severance payments-- 7i7 that the ,secretary paid after ,january #ag1 #aiia2 7ii7 that the ,secretary computed under section #abab of title #aj1 ,united ,states ,code2 7iii7 that were not considered gross income pursuant to section #ajd7;a77#d7 of the ,internal ,revenue ,code of #aihf2 and 7iv7 from which the ,secretary withheld amounts for tax purposes2 and 7,b7 the individuals to whom such severance payments were made2 and 7#b7 with respect to each person identified under paragraph 7#a77;,b71 provide-- 7,a7 notice of-- 7i7 the amount of severance payments in paragraph 7#a77;,a7 which were improperly withheld for tax purposes2 and 7ii7 such other information determined to be necessary by the ,secretary of the ,treasury to carry out the purposes of this section2 and 7,b7 instructions for filing amended tax returns to recover the amounts improperly withheld for tax purposes4 7b7 ,extension of limitation on time for credit or refund 7#a7 ,period for filing claim ,if a claim for credit or refund under section #feaa7;a7 of the ,internal ,revenue ,code of #aihf relates to a specified overpayment1 the #c-year period of limitation prescribed by such subsection shall not expire before the date which is #a year after the date the information return described in subsection 7a77#b7 is provided4 ,the allowable amount of credit or refund of a specified overpayment shall be determined without regard to the amount of tax paid within the period provided in section #feaa7;b77#b74 7#b7 ,specified overpayment ,for purposes of paragraph 7#a71 the term specified overpayment means an overpayment attributable to a severance payment described in subsection 7a77#a74 #d4 ,requirement that ,secretary of ,defense ensure amounts are not withheld for tax purposes from severance payments not considered gross income ,the ,secretary of ,defense shall take such actions as may be necessary to ensure that amounts are not withheld for tax purposes from severance payments made by the ,secretary to individuals when such payments are not considered gross income pursuant to section #ajd7;a77#d7 of the ,internal ,revenue ,code of #aihf4 #e4 ,report to ,congress 7a7 ,in general ,after completing the identification required by section #c7;a7 and not later than #a year after the date of the enactment of this ,act1 the ,secretary of ,defense shall submit to the appropriate committees of ,congress a report on the actions taken by the ,secretary to carry out this ,act4 7b7 ,contents ,the report submitted under subsection 7a7 shall include the following3 7#a7 ,the number of individuals identified under section #c7;a77#a77;,b74 7#b7 ,of all the severance payments described in section #c7;a77#a77;,a71 the aggregate amount that the ,secretary withheld for tax purposes from such payments4 7#c7 ,a description of the actions the ,secretary plans to take to carry out section #d4 7c7 ,appropriate committees of ,congress defined ,in this section1 the term appropriate committees of ,congress means-- 7#a7 the ,committee on ,armed ,services1 the ,committee on ,veterans' ,affairs1 and the ,committee on ,finance of the ,senate2 and 7#b7 the ,committee on ,armed ,services1 the ,committee on ,veterans' ,affairs1 and the ,committee on ,ways and ,means of the ,house of ,representatives4 ,passed the ,house of ,representatives ,december #e1 #bjaf4,karen ,l4 ,haas1,clerk