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Respondent determined a $1,950 deficiency in petitioners’
2000 Federal income tax. The issue for decision is whether
petitioners must include in gross income payments that Deanna S.
Dotson (hereinafter petitioner) received with respect to her ex-
husband’s military pension.
Background
The parties submitted this case fully stipulated pursuant to
Rule 122. The stipulated facts are so found.
On July 5, 1963, petitioner married Chris L. Jefferies (Mr.
Jefferies). For some unspecified number of years during the
marriage, Mr. Jefferies served in the U.S. Air Force.
In 1980 petitioner filed for a divorce. She and Mr.
Jefferies entered into a separation agreement (the separation
agreement) to settle their affairs. Paragraph 3 of the
separation agreement states in pertinent part:
The parties make the following disposition and
settlement in regard to the real and personal property
accumulated by them during the course of their
marriage:
* * * * * * *
b) Petitioner shall have and retain one-half
of the stocks and bonds currently owned by the parties,
the Plymouth van and one-half of Respondent’s [Mr.
Jefferies’] military retirement income upon his
retirement from the military based on 20 years service
and at the grade of Lt. Colonel.
* * * * * * *
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