-7- 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
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