- 8 - Revenue Code, section 139(a)(3), as an exemption from income with respect to veterans’ benefits. Petitioner also relies on Rev. Rul. 72-605, 1972-2 C.B. 35, wherein the Commissioner ruled with respect to the almost identical language in a predecessor version of 38 U.S.C. section 5301 (2000): “[P]ayments of benefits under any law administered by the Veterans’ Administration are excludable from the gross income of a recipient under section 61 of the Code.” B. Respondent’s Argument Respondent does not dispute that petitioner participated in the CWT program for therapeutic reasons, or that, because he participated in the program, he received a distribution of $16,393 from of the VA Special Therapeutic and Rehabilitation Fund. Respondent argues that petitioner overstates his case when he argues that money is a benefit and, by that fact alone, is exempt from taxation to petitioner under the general exemption for veterans’ benefits found in section 5301 of title 38. Respondent adds: “The monies paid to the petitioner for his participation in the program are unlike those payments made to taxpayers under legislatively-provided-social-welfare-benefit programs, which are excludable from gross income.” In support of that argument, respondent refers us to a set of his revenue rulings exemplifying payments excludable from gross income not pursuant to the provision of any statute butPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 NextLast modified: November 10, 2007