Ralph P. Waterman - Page 9

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          Respondent finds support in this example because the excludable             
          amount is limited to an amount attributable solely to leave                 
          accrued while the member was in a combat zone.  We find Example             
          (2) analogous to the extent that the excludable portion accrued             
          while the member was in a combat zone, but it is excluded from              
          income even though utilized and received while the member was not           
          in a combat zone.  We do not find that Example (2) controls our             
          factual situation.                                                          
               Respondent's argument focuses on the fact that the amount of           
          the severance payment here was measured, in part, by time served            
          outside a combat zone.  On the basis of that observation,                   
          respondent argues that the payment was earned, in corresponding             
          part, outside a combat zone.  Respondent also concludes that                
          petitioner is entitled to exclude the portion of the severance              
          payment that is allocable to his past service in a combat zone.             
          Although we agree that petitioner is not entitled to exclude the            
          severance payment, we disagree with respondent's reasoning.                 
               Petitioner's severance payment is in exchange for his                  
          agreement to leave the military.  Although measured by length of            
          service, the severance payment is not for prior service, either             
          in a combat zone or otherwise.  In the same manner as the                   
          reenlistment example, when petitioner accepted the Navy's early             
          separation offer, he did not then become entitled to any                    
          additional compensation for the services previously performed.              





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