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Alimony pursuant to sections 61(a)(8) and 71; or, in the
alternative, (2) pension income pursuant to section 61(a)(11).
Unless otherwise indicated, all section references are to the
Internal Revenue Code in effect for the years in issue.
FINDINGS OF FACT
Some of the facts have been stipulated and are found
accordingly. The stipulation of facts and the attached exhibits
are incorporated herein by this reference.
Background
Petitioner resided in Richmond, Virginia, at the time she
filed her petition. She timely filed Federal income tax returns
for 1995 and 1996.
On June 15, 1952, petitioner married Paul David Mozley. Mr.
Mozley served in the U.S. Navy Medical Corps for 20 years and
retired in 1975. Upon his retirement, Mr. Mozley began receiving
military retirement payments.
The Agreement
In April 1983, petitioner and Mr. Mozley divorced. They
reached an agreement (the agreement) concerning the division of
their property as well as the amount of alimony petitioner was to
receive. Pursuant to the agreement, petitioner was to receive one-
half of Mr. Mozley’s disposable military retirement pay until her
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