Marsha K. Huggins - Page 4




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          the marital home is paid, or the marital home is sold, or                   
          foreclosed upon by the mortgage holder.                                     
               During 1997, petitioner received the court-ordered payments            
          directly from the U.S. Coast Guard.1  Petitioner filed timely a             
          Federal income tax return for 1997 that did not report as income            
          the receipt of the payments she received under the decree.                  
               On January 21, 2000, the Internal Revenue Service (IRS)                
          received an amended tax return from petitioner reporting total              
          pensions and annuities of $6,563 but showing the taxable amount             
          as zero.                                                                    
                                     Discussion                                       
               Respondent determined in the statutory notice of deficiency            
          that petitioner must include in income the payments received from           
          the U.S. Cost Guard as a result of the decree.  Respondent argues           
          that what petitioner got under the decree "is simply a right to             
          receive a future stream of income".                                         
               Under the law of Oregon, the court may issue a decree of               
          marital dissolution which provides for the division, or other               
          disposition between the parties, of their real or personal                  
          property "as may be just and proper".  Or. Rev. Stat. sec.                  
          107.105(f)(1999), added to Or. Rev. Stat. in 1983; see Richardson           



               1By Federal statute, the payments end in accordance with the           
          court order but not later than the date of death of the retiree             
          or the former spouse to whom payments are being made.  See 10               
          U.S.C. sec. 1408(d)(4) (1994).                                              





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