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    Veterans 1, IRS 0

    Sleep well tonight -- government lawyers are protecting the revenue, but not that well.


    ROOSEVELT WALLACE, Petitioner v.
    COMMISSIONER OF INTERNAL REVENUE, Respondent

    Tax Court Docket No. 4637-03. Filed April 16, 2007.

    P participated in a compensated work therapy program administered by the U.S. Department of Veterans Affairs (VA) and, on account thereof, received a distribution of $16,393 from the VA Special Therapeutic and Rehabilitation Activities Fund. R increased P’s gross income by that amount on the ground that the distribution is a payment for services. P claims that the distribution is a tax-exempt veterans’ benefit pursuant to I.R.C. sec. 139(a)(3) and 38 U.S.C. sec. 5301 (2000).

    Held: The distribution is a tax-exempt veterans’ benefit.
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