- 3 - 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
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