- 2 -2 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 anPage: Previous 1 2 3 4 5 6 7 8 Next
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