Roosevelt Wallace - Page 28




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          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 predecessor                  







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