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Military Exception to Means Test
Dear Listmates:
I have a client who makes too much money under the means test but may qualify under 1C Exemption for Military personnel. My question stems from the "active duty" requirement within last 540 days. Here's the facts:
Client was called to active duty twice after September 11, 2001... for a year at a time. The last time the client was on active duty and was released was July 8, 2012. However, THAT active duty was not part of one of the two year-long active duties as he is now on reserve. But his reserve duty involves training others on "Homeland Security" issues.
The Means Test defines "Active Duty" as full-time duty in the active military service of the United States. Such term includes full-time training duty, annual training duty, and attendance, while in the active military service, at a school designated as a service school by law or by the Secretary of the military department concerned. Such term does not include full-time National Guard duty.
So, I guess the question is whether the latest Active Duty (Full time for several weeks to a month" falls within a relation back argument to the prior two - one-year terms of service, or whether the reserve work, would qualify him under said exception"
Thoughts?
Stephen M. Stern, Esq.
805.215.0295
The post was migrated from Yahoo.