Roosevelt Wallace - Page 25




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          that inclines us to classify them as benefits along with other              
          payments, such as education, training, and subsistence allowances           
          (including work-study allowances, see 38 U.S.C. sec. 3537), that            
          are tax-exempt on account of 38 U.S.C. section 5301(a) (2000).7             
          Before we reach a final conclusion, however, we look to                     
          additional interpretative guidance available to us.                         
               G.  VA Op. Gen. Couns. Prec. 64-90                                     
               The VA is the agency charged with the interpretation and               
          administration of laws pertaining to veterans’ benefits.  The               
          general counsel of the VA may issue a written legal opinion (a              
          General Counsel Precedent Opinion) involving veterans’ benefits             
          under laws administered by the VA that is conclusive as to all VA           
          officials and employees with respect to the matter at issue.8  VA           


               7  In IRS Pub. 525, Taxable and Nontaxable Income 14 (2006),           
          the Service includes among a description of nontaxable veterans’            
          benefits “[e]ducation, training, and subsistence allowances”.               
               8  See 38 C.F.R. sec. 14.507(b), providing:                            
               A written legal opinion of the General Counsel                         
               involving veterans’ benefits under laws administered by                
               the Department of Veterans Affairs which, in the                       
               judgment of the General Counsel or the Deputy General                  
               Counsel acting as or for the General Counsel,                          
               necessitates regulatory change, interprets a statute or                
               regulation as a matter of first impression, clarifies                  
               or modifies a prior opinion, or is otherwise of                        
               significance beyond the matter at issue, may be                        
               designated a “precedent opinion” for purposes of such                  
               benefits.  Written legal opinions designated as                        
               precedent opinions under this section shall be                         
               considered by Department of Veterans Affairs to be                     
               subject to the provisions of 5 U.S.C. 552(a)(1).  An                   
                                                             (continued...)           





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