Maria Antoinette Walton Mitchell and Larry G. Mitchell - Page 3

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          be entered is not reviewable by any other court, and this opinion           
          should not be cited as authority.                                           
               Respondent determined a deficiency in petitioners’ Federal             
          income tax of $1,400 for the taxable year 2000.                             
               The issue for decision is whether $4,958 received in 2000 by           
          petitioner Maria Antoinette Walton Mitchell for her interest in             
          her former husband’s military retired pay is includable in                  
          petitioners’ gross income.  We hold that it is.                             
          Background                                                                  
               Some of the facts have been stipulated, and they are so                
          found.  We incorporate by reference the parties’ stipulation of             
          facts and accompanying exhibits.                                            
               At the time that the petition was filed, petitioners resided           
          in Victorville, California.  (References to petitioner in the               
          singular are to petitioner Maria Antoinette Walton Mitchell.)               
               Before her marriage to petitioner Larry G. Mitchell,                   
          petitioner was married to Bobbie Leon Walton (Mr. Walton).                  
          Petitioner and Mr. Walton were married on March 3, 1973, at which           
          time Mr. Walton was on active duty in the U.S. Air Force (USAF).2           
          Petitioner and Mr. Walton separated in or about November 1985,              
          and their divorce became final on August 29, 1986, pursuant to a            
          final judgment (divorce judgment) entered by the Superior Court             


               2  Mr. Walton enlisted in the U.S. Air Force on July 20,               
          1964.                                                                       





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