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