- 2 - the time he filed his petition, petitioner resided in Aurora, Colorado. The sole issue is whether petitioner is required to include in his gross income an amount paid by the U.S. Army (Army) in satisfaction of a portion of his existing student loan balance. The facts may be summarized as follows. Prior to enlisting in the Army, petitioner incurred student loans to finance his undergraduate degree. Petitioner enlisted in the Army on June 20, 1989. An enactment known as the Department of Defense Educational Loan Repayment Programs, 10 U.S.C. sec. 2171 (1988), authorizes the Secretary of Defense to repay certain student loans in exchange for service performed on active duty as an enlisted member in a military specialty specified by the Secretary. During 1991, petitioner completed a year of service on active duty in the Army. In 1992, as a result of the prior year's service, the Army paid $2,985.86 toward petitioner's outstanding student loan balance (the Army loan repayment). On a 1992 Federal income tax return, petitioner did not report any income as a result of the Army loan repayment. In the notice of deficiency, respondent determined that petitioner failed to include the Army loan repayment in his 1992 gross income. Section 61(a) defines gross income broadly as "all income from whatever source derived". The Supreme Court "has given aPage: Previous 1 2 3 4 5 Next
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