- 9 - 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
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