Ralph P. Waterman - Page 2

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               his acceptance of the offer for an early separation,                   
               and he accepted that offer while in a combat zone.                     
               Held:  P's severance payment is not excludable from                    
               gross income under sec. 112.                                           


               Cynthia L. Mire, for petitioner.                                       
               William Henck, for respondent.                                         


                                       OPINION                                        
               GERBER, Judge:  Respondent, by means of a statutory notice             
          of deficiency, determined an income tax deficiency of $10,038 and           
          sections 6651(a)(1)1 and 6654(a) additions to tax in the amounts            
          of $2,495 and $435, respectively, for petitioner's 1992 taxable             
          year.  Respondent has conceded that petitioner is not liable for            
          the additions to tax.  The remaining issue for our consideration            
          is whether the special separation payment to which petitioner               
          became entitled while serving in a combat zone is excludable from           
          petitioner's gross income under section 112.                                
          Background                                                                  
               This case was submitted fully stipulated pursuant to Rule              
          122.  Petitioner, Ralph F. Waterman, served in the U.S. Navy  for           
          14 years and 3 months as an enlisted person.  Petitioner was                
          stationed aboard the U.S.S. America in the Persian Gulf, a                  

               1Unless otherwise indicated, all section references are to             
          the Internal Revenue Code in effect for the year under                      
          consideration, and all Rule references are to this Court's Rules            
          of Practice and Procedure.                                                  




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