John Edward Tucker - Page 3




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          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.           








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