Paul and Alice J. Sidoran v. Commissioner of Internal Revenue

NORRIS, Circuit Judge.

Appellants, Paul and Alice Sidoran, appeal from a decision of the Tax Court finding deficiencies in income tax due in the taxable years 1974 and 1975.

The sole issue is whether appellants are entitled to exclude Paul Sidoran’s Air Force retirement pay from income as “amounts received as a pension, annuity, or similar allowance for personal injuries or sickness resulting from active service in the armed forces of any country.” 1 The tax court found that his retirement was based not on disability, but on length of service, pursuant to 10 U.S.C. § 8911, and denied the…