110 T.C. No. 9 UNITED STATES TAX COURT RALPH P. WATERMAN, Petitioner v. COMMISSIONER OF INTERNAL REVENUE, Respondent Docket No. 9201-95. Filed February 9, 1998. P accepted an offer for an early separation which had been made to him by the U.S. Navy pursuant to a downsizing program. At the time of acceptance, P was in a combat zone and had served over 14 years, the vast majority of which were not in a combat zone. P would not have been entitled to a pension until he had served 20 years. The amount of P's severance payment was calculated on the basis of his length of service. Sec. 112, I.R.C., provides that compensation received for active service in a combat zone is excludable from gross income. The regulations under sec. 112 emphasize that the right to the income must accrue during service in a combat zone, but the payment may be received after the combat service. R determined that none of the payment received by P was excludable under sec. 112. On brief, R conceded that an apportioned amount of the severance payment attributable to the time in a combat zone over total time served would be excludable. P argues that the entire severance payment is excludable because his right to the payment arose at the time ofPage: 1 2 3 4 5 6 7 8 9 10 11 Next
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