- 4 - Glenshaw Glass Co., 348 U.S. 426, 430 (1955). For example, certain military compensation, such as that received by members of the Armed Forces serving in combat zones, is excluded from gross income. Sec. 112. Military subsistence, uniform allowances, and other amounts received as commutation of quarters are excludable from gross income. See sec. 1.61-2(b), Income Tax Regs. Petitioners contend that the unreported portion of the JROTC instructor’s pay represents “qualified military benefits” that are excludable from gross income pursuant to section 134 and 10 U.S.C. section 2031(d) (2000). Petitioners rely on the statutes and copies of ARMY JROTC Instructor Monthly Statements. The latter documents calculate petitioner’s pay reimbursed to the school “on your behalf”. Petitioner argues that the statements clearly show pay and allowances directly from U.S. Army funds. Department of Defense (DOD) Directive No. 1205.13 (Dec. 26, 1995), provides that the total compensation received by a retiree-instructor is to be equal to the difference between retired pay and active duty pay plus “allowances” that the retiree-instructor would receive if ordered to active duty. DOD Instruction 1205.13, reissued and updated February 6, 2006, states that for calculating instructor pay, active duty pay is limited to basic pay and allowances “which the individual would receive if called to active duty.” DOD Instruction 1205.13,Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 NextLast modified: November 10, 2007