Doris Neill Mozley - Page 1
















                                T.C. Memo. 2001-125                                   


                               UNITED STATES TAX COURT                                


                          DORIS NEILL MOZLEY, Petitioner v.                           
                    COMMISSIONER OF INTERNAL REVENUE, Respondent                      


               Docket No. 4865-00.              Filed May 30, 2001.                   

               Doris Neill Mozley, pro se.                                            
               Timothy B. Heavner, for respondent.                                    


                       MEMORANDUM FINDINGS OF FACT AND OPINION                        

               JACOBS, Judge: Respondent determined deficiencies in                   
          petitioner’s Federal income taxes of $964 for 1995 and $3,442 for           
          1996.                                                                       
               The issue for decision is whether petitioner’s receipt of a            
          portion of military retirement pay to which petitioner’s former             
          husband otherwise was entitled constitutes receipt of taxable:  (1)         






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