Ralph P. Waterman - Page 6

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               Use of the word "for" in the section 112(a)(1) language                
          "compensation received for active service * * * in a combat zone"           
          requires that the compensation be earned for a person's service             
          in a combat zone.  This statutory language is not ambiguous                 
          concerning the subject of when and how the compensation must be             
          earned.                                                                     
               As to when the payment is received, the underlying                     
          regulation contains the following pertinent language:                       
               The time and place of payment are irrelevant in                        
               considering whether compensation is excludable under                   
               section 112; rather, the time and place of the                         
               entitlement to compensation determine whether the                      
               compensation is excludable under section 112. * * * For                
               this purpose, entitlement to compensation fully accrues                
               upon the completion of all actions required of the                     
               member to receive the compensation.  * * *  [Sec.                      
               1.112-1(b)(4), Income Tax Regs.3]                                      
          The above-quoted language also addresses the question of when the           
          compensation is earned.  The regulation does not, however,                  
          address how the compensation is to be earned in order to be                 
          excludable under section 112; i.e., for military service                    
          performed in a combat zone or any type of service or act that is            
          performed or may occur in a combat zone.                                    
               Congress provided a specific exception from the type of                
          compensation that may be excludable under section 112; to wit,              
          pensions and retirement pay.  Sec. 112(c)(4).  Respondent does              

               3On Aug. 19, 1993, these regulations were retroactively                
          amended under authority of sec. 7805 to be effective Jan. 16,               
          1991.  T.D. 8489, 1993-2 C.B. 65.                                           




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