Roosevelt Wallace - Page 10




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          1962), a predecessor provision to section 1718.2  It holds that             
          the receipt is a payment for services rendered even though it is            
          intended for therapeutic or rehabilitative purposes, and, because           
          it is a payment for services, it is included in the recipient’s             
          gross income.                                                               
          III.  Discussion                                                            
               A.  Exemption                                                          
               We are faced with a question of statutory construction.                
          While section 61(a) states that the term “gross income” means               
          “all income from whatever source derived”, and specifically                 
          includes within that meaning “[c]ompensation for services”,                 
          section 139(a)(3) exempts “[b]enefits under laws administered by            
          the Veterans’ Administration”, and directs us to 38 U.S.C.                  
          section 5301 (2000).3  If the distribution petitioner received              
          does in fact constitute a “benefit” payable under a law                     
          administered by the VA, then, by law, it is excludable from                 
          petitioner’s gross income as a tax-exempt veterans’ benefit.                
          Because the parties are in agreement that: (1) petitioner                   

               2  The Veterans’ Administration was redesignated the                   
          Department of Veterans Affairs by the Department of Veterans                
          Affairs Act, Pub. L. 100-527, sec. 2, 102 Stat. 2635 (1988).  We            
          shall use the initials “VA” to refer both to the Veterans’                  
          Administration and the Department of Veterans Affairs, the                  
          referent being determined by context.                                       
               3  We assume that Congress’s failure to amend sec. 139(a)(3)           
          to redesignate the Veterans’ Administration the Department of               
          Veterans Affairs is an oversight that is of no significance to              
          this case.                                                                  






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