Jo Ann Porter - Page 8

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               This Court, however, is without jurisdiction to consider               
          petitioner's contention that she is entitled to a withholding               
          credit under section 31 because under section 6211, a deficiency            
          is determined without regard to the amount of taxes withheld on a           
          petitioner's income.  Sec. 6211(a) and (b); Schlosser v.                    
          Commissioner, 94 T.C. 816, 825 (1990); Redcay v. Commissioner, 12           
          T.C. 806, 809-810 (1949); Eatinger v. Commissioner, supra.                  
               We hold that the portion of petitioner's ex-husband's                  
          disposable retired pay received by her during 1991 was derived              
          from her community interest therein and constitutes taxable                 
          pension income to her under section 61(a)(11).  Eatinger v.                 
          Commissioner, supra; Denbow v. Commissioner, supra; Lowe v.                 
          Commissioner, supra; see also Stanton v. Commissioner, 21 B.T.A.            
          1380, 1381-1382 (1931); Calhoun v. Commissioner, T.C. Memo. 1992-           
          408.  Respondent is sustained on this issue.  If petitioner has             
          any remedies with respect to a credit for withholding taxes, they           
          lie elsewhere.  See Eatinger v. Commissioner, supra.                        
               To reflect the foregoing,                                              

                                                  Decision will be entered            
                                             under Rule 155.                          












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