Doris Neill Mozley - Page 5




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               manner presently being paid by the Navy and the                        
               parties agree that this arrangement shall continue                     
               without protest by the parties regarding the method                    
               used by the Navy to compute the amount paid to the                     
               plaintiff, subject to the 15% limitation for                           
               disability portion of the Navy retirement.                             
              From August 1983 through the date of trial (January 8, 2001),           
         petitioner received a portion of Mr. Mozley’s military retirement            
         pay from the Navy Finance Center in Cleveland, Ohio.                         
              During the years in issue, petitioner received a total of               
         $14,588 for 1995 and $13,880 for 1996, as her share of Mr. Mozley’s          
         military retirement pay.                                                     
         Petitioner’s Returns                                                         
              Petitioner reported her share of Mr. Mozley’s military                  
         retirement pay as income on her Federal income tax returns for 1983          
         through 1990; she did not do so for 1991 through 1999.                       
         Notice of Deficiency                                                         
              In the notice of deficiency, respondent determined that the             
         military retirement payments petitioner received in 1995 and 1996            
         constituted taxable alimony to her.                                          
                                       OPINION                                        
              We first decide whether the military retirement payments                
         petitioner received during the years in issue constituted taxable            
         alimony, as respondent contends, or a nontaxable division of                 
         property, as petitioner maintains.                                           
              Gross income includes amounts received as alimony or separate           







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