Anthony LaCarter Dorsey and Annette LaVerne Dorsey - Page 4

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          Federal tax law and does not bind the Government.  Id.  Taxpayers           
          rely on such publications at their own peril.  Id.  Consequently,           
          we will not address petitioners’ contentions regarding                      
          Publication 3 with respect to the availability of the allowances            
          in issue to JROTC instructors.2                                             
               Turning to the applicable statutes, regulations, and                   
          judicial decisions, section 61(a) provides that gross income                
          includes all income from whatever source derived except as                  
          otherwise provided.  Section 1.61-2(b), Income Tax Regs.,                   
          provides that subsistence allowances, uniform allowances, and               
          other amounts received as commutation of quarters are excluded              
          from gross income.  Furthermore, section 134(a) provides that               
          gross income shall not include any qualified military benefit.3             

               2Publication 3 states that the “publication covers the                 
          special tax situations of active members of the U.S. Armed                  
          Forces” and separately lists basic allowances for housing, basic            
          allowances for subsistence, and uniform allowances as “excluded             
          items”.  As discussed below, however, retired officers do not               
          receive nontaxable allowances from the Federal Government with              
          respect to their employment as JROTC instructors.  Consequently,            
          we note that Publication 3 does not support petitioners’                    
          contentions.                                                                
               3SEC. 134.  CERTAIN MILITARY BENEFITS.                                 
               (a) General Rule.--Gross income shall not include any                  
          qualified military benefit.                                                 
               (b) Qualified Military Benefit.--For purposes of this                  
          section--                                                                   
                    (1) In general.--The term “qualified military                     
               benefit” means any allowance or in-kind benefit (other                 
                                                             (continued...)           





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