- 3 - tax on that share of the income. Denbow v. Commissioner, T.C. Memo. 1989-92. Because the $10,891 retirement pay received by petitioner was from a community property interest in a military pension, the payments constitute income to petitioner under section 61(a)(11). Porter v. Commissioner, T.C. Memo. 1996-475; Eatinger v. Commissioner, supra; Denbow v. Commissioner, supra. Accordingly, we hold for respondent. Petitioner argued that she should be entitled to some credit for income tax withheld. We are unable to consider petitioner’s claim because credit for withheld tax does not enter into the computation of deficiencies determined under section 6211(a) and (b)(1). Porter v. Commissioner, supra; Eatinger v. Commissioner, supra. However, as we noted in Eatinger, because a court’s authority to divide a community military retirement pension is limited to the amount that is net of income taxes, all income tax withheld is attributable to the service member spouse. If petitioner has any remedies with respect to a credit for withholding taxes, they lie elsewhere. On her Schedule C, Profit or Loss From Business, petitioner reported no income and expenses of $9,330 for her craft sales and marketing business. Respondent disallowed a deduction of $1,723 for supplies and a deduction of $4,583 for other expenses. The other expenses were booth mat ($2,788), frames and packaging ($592), mockups and patterns ($788), bank charges ($26), andPage: Previous 1 2 3 4 5 Next
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