- 6 - retired member by the institution for any period, up to a maximum of one-half of the difference between the member’s retired or retainer pay for that period and the active duty pay and allowances which the member would have received for that period if on active duty. Notwithstanding the limitation in the preceding sentence, the Secretary concerned may pay to the institution more than one-half of the additional amount paid to the retired member by the institution if (as determined by the Secretary) the institution is in an educationally and economically deprived area and the Secretary determines that such action is in the national interest. Payments by the Secretary concerned under this paragraph shall be made from funds appropriated for that purpose. (2) Notwithstanding any other provision of law, such a retired member is not, while so employed, considered to be on active duty or inactive duty training for any purpose. It has been held that no part of the amount received from a school district by a retired military officer for services as a JROTC instructor is excludable from gross income as a housing or subsistence allowance. Lyle v. Commissioner, 76 T.C. 668, 674- 678 (1981), affd. without published opinion 673 F.2d 1326 (5th Cir. 1982); Bynam v. Commissioner, T.C. Memo. 2001-142; Tucker v. Commissioner, T.C. Memo. 1999-373. JROTC instructors are employed by the educational institutions in which they teach and not by the Federal Government. 10 U.S.C. sec. 2031(d); Lyle v. Commissioner, supra at 674; Bynam v. Commissioner, supra; Tucker v. Commissioner, supra. Accordingly, a JROTC instructor receives income from the school as compensation for services rendered and not by reason of that instructor’s status as a member or former member of the Armed Forces. Lyle v. Commissioner, supra at 674.Page: Previous 1 2 3 4 5 6 7 8 Next
Last modified: May 25, 2011