- 3 - designated combat zone, from January 1 through May 4, 1992. On April 20, 1992, petitioner accepted an early separation offer from the Navy as part of its downsizing program. Petitioner agreed to leave the Navy. By accepting the separation offer and payment, petitioner was not entitled to any future benefits, including a pension, which would have first become available after 20 years of service. The amount of the lump-sum special separation payment was, in part, measured by petitioner's 14 years and 3 months of active military service. Petitioner left the ship pursuant to this agreement and also left the Persian Gulf region on May 4, 1992. Petitioner received an honorable discharge from the Navy on May 18, 1992, in Norfolk, Virginia. The Navy withheld $9,159 from petitioner's $44,946 separation payment. In substantial part, the withholding was for Federal income tax. Upon acceptance of the Navy's offer for early separation, petitioner was advised by the Navy that payments received pursuant to his early separation would be excludable from gross income if accepted while serving in a designated combat zone. In accord with that advice, petitioner requested and the Navy issued an $8,951 check to petitioner representing the previously withheld Federal tax portion of the original $9,159 withholding. Respondent determined that the $44,946 separation payment constituted taxable income and was not excludable under sectionPage: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
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