John Edward Tucker - Page 8




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          JROTC instructor "is not, while so employed, considered to be on            
          active duty * * * for any purpose".                                         
               Petitioner also relies on section 134 to support an                    
          exclusion of a portion of his school district income from gross             
          income and contends that our holding in Lyle v. Commissioner,               
          supra, "was in part superseded by" section 134.  Section 134                
          provides in pertinent part:                                                 
                    (a) General Rule.--Gross income shall not include                 
               any qualified military benefit.                                        
                    (b) Qualified Military Benefit.--For purposes of                  
               this section--                                                         
                         (1) In general.--The term "qualified                         
                    military benefit" means any allowance or in-kind                  
                    benefit (other than personal use of a vehicle)                    
                    which--                                                           
                              (A) is received by any member or former                 
                         member of the uniformed services of the                      
                         United States or any dependent of such member                
                         by reason of such member's status or service                 
                         as a member of such uniformed services, and                  
                              (B) was excludable from gross income on                 
                         September 9, 1986, under any provision of                    
                         law, regulation, or administrative practice                  
                         which was in effect on such date (other than                 
                         a provision of this title).                                  
                         (2) No other benefit to be excludable except                 
                    as provided by this title.--Notwithstanding any                   
                    other provision of law, no benefit shall be                       
                    treated as qualified military benefit unless such                 
                    benefit--                                                         
                              (A) is a benefit described in paragraph                 
                         (1), or                                                      
                              (B) is excludable from gross income                     
                         under this title without regard to any                       





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