- 2 - issue which the Court must decide is whether a disability percentage rating issued by the Veterans' Administration entitles petitioners to exclude any portion of a "length of service military retirement pension" (service pension) under section 104(a)(4). If the exclusion is denied, then, due to the resultant increase in income, petitioners' Schedule A limitation must be adjusted by the amount of $234 in accordance with respondent's determination in the notice of deficiency. (Petitioners did not contest this issue at trial or on brief.) FINDINGS OF FACT Some of the facts in this case have been stipulated and are so found. Petitioners resided in Arlington, Texas, at the time they filed their petition. They filed a joint Federal income tax return for 1995. In 1987, petitioner Dale C. Holt (petitioner) retired from the United States Air Force (Air Force) as a Colonel. Petitioner served on active duty from January 1957 until August 1987. He received a retirement pension for his length of service and not for any disability. After retirement, petitioner applied for nontaxable disability benefits from the Veterans' Administration (VA). Petitioner executed a VA form, Veteran's Application for Compensation or Pension. In doing so, petitioner waived that portion of his service pension from the Air Force which was equalPage: Previous 1 2 3 4 5 6 7 8 9 Next
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