- 9 - her interest. Petitioners contend, however, that the payments petitioner received for her interest in Mr. Walton’s military retired pay are not subject to income tax pursuant to the QDRO and pursuant to statements allegedly made by the superior court judge.11 Petitioners’ contentions are misplaced. Petitioners assert that the QDRO states that “taxes shall be taken out of ex-spouse’s allotment before Maria’s [petitioner’s] share of allotment is given”. In essence, petitioners’ assertion is consistent with the operative language of the QDRO. The QDRO awarded petitioner as her sole and separate property a one-half interest in the community property interest in Mr. Walton’s “net disposable military retirement pay”. The QDRO defined “net disposable military retirement pay” as “the net after deducting * * * properly deducted Federal, State and [sic] income taxes”. This definition is consistent with the plain language of 10 U.S.C. sec. 1408(a)(4)(C) (1988), as it was in effect when the superior court entered both the final judgment and the QDRO. See id. (disposable military retired pay is defined as the total monthly retired pay less, inter alia, properly withheld Federal, State, and local income taxes). Clearly, the QDRO directed that 11 Petitioners also contend that they have never reported such payments on their tax returns since 1991 and that they never received anything from the IRS until the 2000 audit. We note that each tax year stands on its own and that the Commissioner may challenge in a succeeding year what was overlooked or condoned in previous years. Rose v. Commissioner, 55 T.C. 28, 31-32 (1970).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: May 25, 2011