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v. Richardson, 769 P.2d 179, 183 (Or. 1989). "A retirement plan
or pension or an interest therein shall be considered as
property." Or. Rev. Stat. sec. 107.105(f) (1999).
The U.S. Coast Guard Retirement system is a "government
pension plan". 31 U.S.C. sec. 9502(1)(B)(ii) (1994). Under the
authority of 10 U.S.C. sec. 1408(c) (1994), payment of retired or
retainer pay in compliance with court orders, the State of Oregon
may treat military2 pension benefits as marital property. See
Valley v. Valley, 775 P.2d 332 (Or. Ct. App. 1989); Wood v. Wood,
676 P.2d 338 (Or. Ct. App. 1984).
Gross income includes income from pensions. Sec. 61(a)(11);
Singleton v. Commissioner, T.C. Memo. 1988-508. In general,
income is taxable in the year in which it is received. See sec.
451(a). Congress has provided specialized rules in the
employees' plan area. Under section 402(a)(1), the general rule
is that a distribution from an exempt employees' trust (under a
tax-qualified employees' plan) is taxed to the "distributee"
under section 72, which generally provides for current taxation
of distributions as ordinary income.
The statute does not define the word "distributee" as used
in section 402(a)(1); neither do the regulations. The Court has
concluded that a distributee of a distribution under a plan
2The Coast Guard is a military service and a branch of the
armed forces of the United States at all times. See 14 U.S.C.
sec. 1 (1994).
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