- 10 - Petitioners may be unaware of two Federal District Court opinions issued before this Court’s decision in Lyle. In Scott v. United States, 33 AFTR 2d 74-858, 74-1 USTC par. 9281 (D.S.C. 1973), the District Court found that 10 U.S.C. section 2031 merely sets out a formula to calculate the salary of retired members serving as JROTC instructors. It further found that military “allowances” are payable only to members entitled to “basic pay”, only active duty members are entitled to basic pay, and that the taxpayer, retired from the military, was not on active duty while serving as a JROTC instructor. The decision by the Federal District Court in Sweeney v. United States, 34 AFTR 2d 74-5700, 74-2 USTC par. 9672 (N.D. Ga. 1974), discusses favorably and is in accord with Scott. See also Tucker v. Commissioner, T.C. Memo. 1999-373 (even where 100 percent of taxpayer’s salary was reimbursed under special condition by the Federal Government, JROTC salary not excludable). Petitioners have pointed to no court decision to support their position. In view of the foregoing, the Court holds that no portion of the JROTC pay that petitioner received from the Township is excludable from gross income.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 NextLast modified: November 10, 2007