Shawn Jeffrey Hintz - Page 9

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          hazardous service, or under conditions simulating war; or (2)               
          caused by an instrumentality of war.  Sec. 104(b)(3).3                      
               As previously stated, during 2001, petitioner received                 
          disability pension income of $3,468 from the Defense Finance and            
          Accounting Service.  Petitioner claims that he is entitled to               
          exclude his disability pension income from gross income because             
          he served in a combat-related specialty.4                                   
               To support his contention, petitioner provided copies of               
          Form DD214, Certificate of Release or Discharge From Active Duty,           
          Form DA 199, Physical Evaluation Board Proceedings, and a TDRL              
          Evaluation.                                                                 
               Form DD214 summarizes petitioner’s military service.  It               
          shows that petitioner served in a primary specialty of 11B10,               
          infantryman, and that he was separated from duty on account of a            
          disability.  The decorations section of Form DD214 lists only               


          3Sec. 104(b)(3) also provides that “In the case of an                       
          individual who is not described in subparagraph (A) or (B) of               
          paragraph (2), except as provided in paragraph (4), the only                
          amounts taken into account under subsection (a)(4) shall be the             
          amounts which he receives by reason of a combat-related injury.”            
          4In his petition, petitioner refers to combat-related                       
          special compensation (CRSC).  CRSC provides additional                      
          compensation for certain retirees with qualifying disabilities              
          rated at 60 percent or higher or for retirees with disabilities             
          associated with the award of a Purple Heart decoration.  CRSC was           
          not authorized until the passage of the Bob Stump National                  
          Defense Authorization Act for Fiscal Year 2003, Pub. L. 107-314,            
          sec. 636, 116 Stat. 2574.  Since the tax year at issue in the               
          present case, 2001, is prior to the authorization of such                   
          compensation, petitioner’s reference to CRSC is erroneous.                  





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