§912 — Exemption for certain allowances
27 cases·7 followed·2 distinguished·2 overruled·16 cited—26% support
Statute Text — 26 U.S.C. §912
The following items shall not be included in gross income, and shall be exempt from taxation under this subtitle:
In the case of civilian officers and employees of the Government of the United States, amounts received as allowances or otherwise (but not amounts received as post differentials) under—
chapter 9 of title I of the Foreign Service Act of 1980,
section 4 of the Central Intelligence Agency Act of 1949, as amended (
50 U.S.C. 3505
),
title II of the Overseas Differentials and Allowances Act, or
subsection (e) or (f) of the first section of the Administrative Expenses Act of 1946, as amended, or section 22 of such Act.
In the case of civilian officers or employees of the Government of the United States stationed outside the continental United States (other than Alaska), amounts (other than amounts received under title II of the Overseas Differentials and Allowances Act) received as cost-of-living allowances in accordance with regulations approved by the President (or in the case of judicial officers or employees of the United States, in accordance with rules similar to such regulations).
In the case of an individual who is a volunteer or volunteer leader within the meaning of the Peace Corps Act and members of his family, amounts received as allowances under section 5 or 6 of the Peace Corps Act other than amounts received as—
termination payments under section 5(c) or section 6(1) of such Act,
leave allowances,
if such individual is a volunteer leader training in the United States, allowances to members of his family, and
such portion of living allowances as the President may determine under the Peace Corps Act as constituting basic compensation.
Treasury Regulations
- Treas. Reg. §Treas. Reg. §1.912-1 Exclusion of certain cost-of-living allowances
- Treas. Reg. §Treas. Reg. §1.912-1(a) Amounts received by Government civilian personnel stationed outside the continental United States as cost-of-living allowances in accordance with regulations approved by the President are, by the provisions of section 912(1), excluded from gross income.
- Treas. Reg. §Treas. Reg. §1.912-1(b) For purposes of section 912(1), the term “continental United States” includes only the 48 States existing on February 25, 1944 (the date of the enactment of the Revenue Act of 1943 (58 Stat.
- Treas. Reg. §Treas. Reg. §1.912-2 Exclusion of certain allowances of Foreign Service personnel
27 Citing Cases
17 In effect , petitioner is asking the Court to overrule Hargrove .
We hold that they are not.
Section 912 states: The following items shall not be included in gross income, and shall be exempt from taxation under this subtitle: * * * * * * * (2) Cost-of-Living Allowances.--In the case of civilian officers or employees of the Government of the United States stationed outside the United States (other than Alaska) amounts * * * received as cos
Section 912 states: The following items shall not be included in gross income, and shall be exempt from taxation under this subtitle: * * * * * * * (2) Cost-of-Living Allowances.--In the case of civilian officers or employees of the Government of the United States stationed outside the United States (other than Alaska) amounts * * * received as cos
ioners may exclude the costs of lodging provided by their employer from income under section 119. We hold that they may not. The second issue is whether Mr. and Mrs. Hargrove and Mr. and Mrs. Breeding are entitled to exclude certain allowances under section 912. We hold that they are not. The third issue is whether Mr. and Mrs. Hargrove and Mr. and Mrs. Breeding are liable for accuracy-related penalties under section 6662(a). We hold that they are. Background These cases were submitted fully sti
ioners may exclude the costs of lodging provided by their employer from income under section 119. We hold that they may not. The second issue is whether Mr. and Mrs. Hargrove and Mr. and Mrs. Breeding are entitled to exclude certain allowances under section 912. We hold that they are not. The third issue is whether Mr. and Mrs. Hargrove and Mr. and Mrs. Breeding are liable for accuracy-related penalties under section 6662(a). We hold that they are. Background These cases were submitted fully sti
exclude the costs of lodging provided by their employer from income under section 119. (cid:16)042We hold that they may not. The second issue is whether Mr. and Mrs. Hargrove and Mr. and Mrs. Breeding are entitled to exclude certain allowances under section 912. We hold that they are not. The third issue is whether Mr. and Mrs. Hargrove and Mr. and Mrs. Breeding are liable fo.r accuracy-related penalties under section 6662(a). We hold that they are. Background These cases were submitted fully st
called for within 5 days, a final notice is issued. If the article is not called for or redelivery of the article is not requested, it must be returned after 15 days, unless the sender specifies a lesser number on the mailpiece. Domestic Mail Manual sec. 912.55. The statutory notice of deficiency was mailed by respondent on October 9, 1992. If the first attempted delivery was on October 10, 1992, the envelope did not have to be returned until October 26, 1992. The markings on the envelope indica
Section 912.42 of the Domestic Mail - 6 - Manual, Issue 45, December 20, 1992, provides that "Certified mail may be addressed for delivery only * * * in the United States and its territories and possessions." See also International Mail Manual, Issue 12, July 8, 1993, at 550. OPINION For partnership taxable years beginning after September 3, 1982,
Government.1 The Ways and Means Committee report accompanying ERTA explains the change further: The bill extends the benefits of the exclusion to individuals who are paid by the United States but who are not eligible for any exclusion under section 912 or any other provision of U.S.