- 2 - Raytheon pays its employees who, like Pavich, spend much of their working life outside the continental United States. The parties settled most of the other issues in these cases, but the major one left unresolved is whether these Raytheon Allowances are exempt from income tax under section 912(2).1 The Court consolidated these cases and held a short trial in Dallas. Pavich was a resident of Texas when he filed the petitions. Section 912 states: The following items shall not be included in gross income, and shall be exempt from taxation under this subtitle: * * * * * * * (2) Cost-of-Living Allowances.--In the case of civilian officers or employees of the Government of the United States stationed outside the United States (other than Alaska) amounts * * * received as cost-of- living allowances in accordance with regulations approved by the President * * *. The Commissioner has two reasons for not allowing Pavich to exclude the Raytheon Allowances from his gross income: (1) Pavich was not an employee of the Government, but only of Raytheon; and (2) his Raytheon Allowances were not “received as cost-of-living allowances in accordance with regulations approved by the President.” The question of whether Pavich was an “employee of the Government of the United States” should be answered, according to 1 Section references are to the Internal Revenue Code except where we note otherwise; the Rule reference is to the Tax Court Rules of Practice and Procedure.Page: Previous 1 2 3 4 5 6 7 Next
Last modified: May 25, 2011