Jeffrey A. Glassman and Mary K. Glasman - Page 2

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          After concessions, the issues for decision are whether                      
          petitioners' expenditures for legal services, which respondent              
          agrees are deductible pursuant to section 212, are subject to               
          section 67(a), and alternatively whether such expenditures are              
          capital expenditures.  We hold that petitioners' section 212                
          deduction is subject to section 67(a) and that their expenditures           
          are not capital expenditures.                                               
                                  FINDINGS OF FACT                                    
               The parties submitted this case fully stipulated pursuant to           
          Rule 122.  At the time Jeffrey and Mary Glassman filed their                
          petition, they resided in Lake Forest, California.                          
               In 1954, Mary Glassman married James M. Oddino.  During                
          their marriage, Mr. Oddino was employed by the Hughes Aircraft              
          Company and participated in the Hughes Non-Bargaining Retirement            
          Plan (Hughes Plan).  On January 19, 1983, the Superior Court of             
          the State of California, County of Los Angeles (Superior Court),            
          issued an interlocutory judgment that dissolved the marriage and            
          awarded Mrs. Glassman a portion of Mr. Oddino's retirement                  
          benefits.  On March 24, 1989, the Superior Court issued a                   
          Qualified Domestic Relations Order (QDRO) that modified and                 
          clarified the interlocutory judgment.  The QDRO directed the                
          Hughes Plan to:  (1) Pay Mrs. Glassman 36.6231 percent of Mr.               
          Oddino's "accrued benefit[s] as of April 1, 1988"; (2) convert              
          Mrs. Glassman's payout option from a lifetime annuity to an                 





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