Milton L. Hildebran and Judy W. Hildebran - Page 7

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               the Navy, or the Secretary of the Air Force, as well as                
               the Coast Guard.  Although petitioner’s [Mr.                           
               Hildebran’s] merchant marine occupation required him to                
               work in support of the United States Navy and to work                  
               within a recognized combat zone, petitioner did not                    
               serve in the Armed Forces of the United States and,                    
               therefore, is not entitled to exclude any portion of                   
               his wages from gross income under I.R.C. section 112.                  
               In further support of respondent’s position, respondent                
          points out that                                                             
                    The Tax Court has consistently denied the combat                  
               pay exclusion under I.R.C. section 112 to civilian                     
               employees providing support to the United States mili-                 
               tary.  Land v. Commissioner, 61 T.C. 675 (1974); Smith                 
               v. Commissioner, T.C. Memo. 1972-147; Reynolds v.                      
               Commissioner, T.C. Memo. 1972-84; Fagerland v. Commis-                 
               sioner, T.C. Memo. 1971-134.  Pilots employed by pri-                  
               vate airlines flying civilian aircraft under contract                  
               with the Department of Defense in support of the United                
               States military were found not to be members of the                    
               Armed Services and, therefore, not entitled to the                     
               I.R.C. section 112 exclusion.  Land, 61 T.C. 675;                      
               Smith, T.C. Memo. 1972-147; Reynolds, T.C. Memo. 1972-                 
               84; Fagerland, T.C. Memo. 1971-134.  A taxpayer who has                
               been issued a Department of Defense identification card                
               is not necessarily a member of the Armed forces of the                 
               United States.  Land, 61 T.C. 675; Smith, T.C. Memo.                   
               1972-147; Reynolds, T.C. Memo. 1972-84; Fagerland, T.C.                
               Memo. 1971-134.  Merchant marines are civilians and are                
               not members of the Armed Forces of the United States;                  
               therefore, they are not entitled to income exclusion                   
               under I.R.C. section 112.  Favero v. Commissioner, T.C.                
               Memo. 2001-219.                                                        
               Petitioners counter respondent’s reliance on the foregoing             
          cases by pointing out certain factual distinctions between those            
          cases and the instant case.  The distinctions between the cases             
          on which respondent relies and the instant case that petitioners            
          describe are not material, and petitioners’ reliance on such                
          distinctions is misplaced.                                                  





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