- 9 - See 10 U.S.C. sec. 1408(c)(2) (the USFSPA “does not create any right, title, or interest which can be sold, assigned, transferred, or otherwise disposed of (including by inheritance) by a spouse or former spouse”); Pfister v. Commissioner, supra (“The USFSPA did not create any right or entitlement to military retired pay”). In conclusion, under applicable Colorado law at the time of the separation agreement and divorce decree, Mr. Jefferies’ future retired military pay did not constitute property. Consequently, we are unpersuaded that the separation agreement gave (or could have given) petitioner any ownership interest in any such “property”. Rather, consistent with the lower court’s reasoning in In re Marriage of Ellis, supra, we conclude that the military retirement payments are most reasonably regarded as periodic payments in satisfaction of petitioner’s marital property rights. Accordingly, the military retirement payments are not includable in petitioners’ gross income. Cf. Mivec v. Commissioner, T.C. Memo. 1981-695 (“[I]t is well settled that where, upon divorce, a husband makes payments in satisfaction of the property rights of his wife, the amounts received by the wife, even though periodic and incident to a divorce, are capitalPage: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: May 25, 2011