- 3 - Petitioner excluded certain "military allowances" from gross income for the 1995 tax year in the amount of $16,221.56. In a notice of deficiency dated April 8, 1998, respondent determined that the $16,221.56 amount is includable in petitioner's 1995 taxable income. This amount represents petitioner's purported 1995 "allowance" exclusions from his JROTC income. The inclusion of this amount results in computational adjustments to petitioner's medical and miscellaneous deductions. Petitioner contends that he is entitled to exclude $16,221.56 of JROTC income from gross income for the 1995 tax year pursuant to 10 U.S.C. section 2031(d) and section 134. Gross income includes all income from whatever source derived. See sec. 61. Military pay received by members of the U.S. Armed Forces is generally includable in gross income. See sec. 1.61-2(a)(1), Income Tax Regs. Congress may specifically exempt certain items from inclusion in gross income. See Commissioner v. Glenshaw Glass Co., 348 U.S. 426, 430 (1955). Certain military compensation, such as compensation received by members of the U.S. Armed Forces serving in combat zones, is excluded from gross income. See sec. 112. Additionally, military subsistence and uniform allowances and other amounts received as commutation of quarters are excluded from gross income. See sec. 1.61-2(b), Income Tax Regs.Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
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