- 3 - The parties further agree that effective with the August 1984 payment, the wife shall be owner of, and receive, one-half of husband’s disposable retired or retainer pay, [i.e.], during the joint lives of the parties, the husband and wife shall each receive one-half of husband’s disposable retired or retainer pay, as defined in the above Act, accruing to him on a monthly basis as a result of his active duty service in the United States Armed Forces. The wife shall also be named permanent and irrevocable beneficiary of husband’s Survivor’s Benefit Plan in connection with said military retirement. The parties agree that any decree of divorce hereafter entered between them shall include therein all appropriate language necessary to effectuate the foregoing. The parties further agree to execute any and all other documentation necessary to effectuate the intent and understandings expressed in this paragraph. [Emphasis added.] Pursuant to the provisions of the decree, petitioner received $13,061 during 1997, representing her half of the disposable retirement pay. Petitioner did not report this amount on her 1997 Federal income tax return. Respondent determined that the $13,061 was properly includable in petitioner’s gross income for 1997 as pension income under section 61(a)(11). Petitioner maintains that the payments represent a nontaxable division of property. Discussion In general, gross income is defined by section 61 as follows: SEC. 61. GROSS INCOME DEFINED. (a) General Definition.–-Except as otherwise provided * * * gross income means all income from whatever source derived, including * * * ****** *Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011