(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
(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.
For purposes of this section, in the case of an individual who was in a missing status within the meaning of , 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
(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—
(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—
(A) any terroristic activity which a preponderance of the evidence indicates was directed against the United States or any of its allies, and
(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.
(1) In general
In the case of a specified terrorist victim, any tax imposed by this chapter shall not apply—
(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—
(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
(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
(B) who dies as a result of illness incurred as a result of an attack involving anthrax occurring on or after
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