- 10 - Although it is true that the Federal Government reimburses school districts for one-half the “additional amount” paid to retired officers, see 10 U.S.C. sec. 2031(d)(1), the ultimate burden of disbursing funds and establishing compensation scales lies with the employing school, see Lyle v. Commissioner, supra at 674; Tucker v. Commissioner, supra. In this regard, the employing institution is responsible for issuing compensation checks and Forms W-2 to all of its employees. Petitioner’s understanding of the degree of control that the employing school exercises is illustrated by the following passage from the trial transcript: The civilian folk who are really the employing -- they’re designated as the employing agency for good reasons. They’ve got to keep the records, they’ve got to turn in the W-2 materials, they can fire you. * * * * * * * The principal can recommend retention or recommend that you lose your credentials for being able to teach, or in the case of a serious violation * * * they can recommend immediate dismissal * * * Clearly, the Federal Government does not assume any kind of employer status. Therefore, it is inconceivable that any portion of the compensation that petitioner received as a JROTC instructor could be classified as a subsistence, quarters, or variable housing allowance from the Armed Forces. See Lyle v. Commissioner, supra at 674.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: May 25, 2011