- 10 - 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.Page: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 NextLast modified: November 10, 2007