Phyllis Herrmann Witcher - Page 3




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          Pennsylvania, concluded that Mr. Witcher’s U.S. Navy pension was            
          a marital asset available for equitable division pursuant to a              
          Plan of Distribution and awarded petitioner 48.85 percent of the            
          military pension, the value of which was determined by the court            
          of common pleas to be $50,320.                                              
               Petitioner requested that the Defense Finance and Accounting           
          Service (DFAS) pay the portion of the military pension directly             
          to her.  Petitioner received distributions totaling $5,836 from             
          the military pension during the 1998 tax year.                              
               Petitioner filed a Form 1040, U.S. Individual Income Tax               
          Return, for the 1998 tax year on October 18, 1999.  Petitioner              
          filed a return that reflected her name, address, Social Security            
          number, signature, date, and telephone numbers, but was otherwise           
          blank; it did not reflect either income reported or deductions              
          claimed.                                                                    
               Respondent determined in the notice of deficiency that the             
          $5,836 that petitioner received from the military pension is                
          includable in petitioner’s gross income as pension and annuity              
          income.                                                                     
               Gross income means all income from whatever source derived.            
          Sec. 61(a).  Pensions and retirement allowances paid by the                 
          government constitute gross income unless excluded by law.  Sec.            
          61(a)(11); Weir v. Commissioner, T.C. Memo. 2001-184; Eatinger v.           








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