2
the Tax Court Rules of Practice and Procedure, except as
otherwise noted.
This case was submitted to the Court upon a full stipulation
of facts and exhibits without trial under the provisions of Rule
122. Accordingly, after the settlement of other issues, it only
remains for us to decide the income tax effect of a distribution
which petitioner, as alternate payee, received from her former
husband's thrift and pension funds under a qualified domestic
relations order (QDRO) related to her divorce.
At the time the petition herein was filed, petitioner was a
resident of Ohio. Petitioner was divorced from her husband, Mr.
Willadsen, in 1989. Petitioner remarried in late 1990 and for
that year timely filed a joint return together with her new
spouse, Mr. Clawson. Mr. Clawson's liability is not an issue in
this case.
In December 1989, petitioner and Mr. Willadsen executed a
property settlement agreement incident to their divorce. In that
agreement, the parties agreed that, if covered by a QDRO, $11,930
would be paid to petitioner, representing one-half of the present
value of Mr. Willadsen's pension benefits due to him from the
Marathon Petroleum Co. In addition, if covered by the QDRO,
$23,000 would be paid to petitioner in full satisfaction of her
share of the thrift plans administered by the Marathon Petroleum
Co. for the benefit of Mr. Willadsen. The parties agreed that
thereafter petitioner would have no further interest or claim
Page: Previous 1 2 3 4 5 6 Next
Last modified: May 25, 2011