- 8 - 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: May 25, 2011