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concessions by the parties,2 the issues for decision are: (1)
Whether the distributions petitioner received from her former
husband’s military pension are includable in gross income; (2)
whether a settlement payment that petitioner received is
includable in gross income; (3) whether petitioner is entitled to
a deduction for depreciation on rental property; and (4) whether
petitioner is liable for an addition to tax under section
6651(a)(1) for failure to file a return timely.
Petitioner resided in Wilmington, Delaware, at the time she
filed her petition. The stipulation of facts and attached
exhibits are incorporated herein by this reference. For
convenience we combine findings of fact and conclusions.
1. Military Pension Distribution
Petitioner and Murray H. Witcher, Jr., (Mr. Witcher) were
married in 1961. Mr. Witcher served in the U.S. Navy for a
number of years during their marriage. Pursuant to a divorce
proceeding between petitioner and Mr. Witcher in 1992, the Court
of Common Pleas of Delaware County (court of common pleas),
2 Respondent concedes that petitioner is entitled to
deductions for fees and dues paid with respect to rental
property. Respondent determined that petitioner received $2,340
in wages from Horizon Temps & Staffers, Inc. and $320 in capital
gain and ordinary dividends. Petitioner does not dispute
respondent’s determination with respect to these issues and we
deem them conceded. The parties agree that petitioner received
$2,366 of income from a rental property, net of expenses.
Because petitioner does not dispute that she received the income
or that it is taxable to her, we deem this issue conceded.
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