- 28 - distributions from the VA Special Therapeutic and Rehabilitation Fund on the ground that a recipient must work in order to receive a distribution in the later case. Payments for work, argues respondent, are squarely within the definition of gross income found in section 61 and section 1.61-2(a)(1), Income Tax Regs. While it is true that the definition of gross income includes payments for work, see sec. 61(a)(1), respondent’s argument ignores the introductory language of section 61(a)(1): “Except as otherwise provided in this subtitle”. Indeed, section 61(a)(11) includes pensions as an item of gross income. Section 139(a)(3), however, directs us to 38 U.S.C. section 5301 for an exemption for benefits under laws administered by the VA. Respondent has acknowledged that veterans’ pensions are excludable from gross income as a veterans’ benefit. Rev. Rul. 72-605, 1972-2 C.B. 35. The fact that a distribution from the VA Special Therapeutic and Rehabilitation Fund may fit the description of an item normally classified as an item of gross income does not necessarily mean that the distribution is an item of gross income for which no exemption is afforded by section 139(a)(3) and 38 U.S.C. section 5301 (2000). Respondent relies specifically on Rev. Rul. 65-18, 1965-1 C.B. 32, which addresses the inclusion in income of remuneration a patient or member receives for the work he performs for the VA under 38 U.S.C. section 618 (Supp. V, 1962), a predecessorPage: Previous 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 NextLast modified: November 10, 2007