Maria Antoinette Walton Mitchell and Larry G. Mitchell - Page 12

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          statement, even if petitioners had done so, it is doubtful that             
          such statement would support their contention because the                   
          division of Mr. Walton’s military retired pay is based on the               
          QDRO, rather than on statements purportedly made at trial.                  
               Nevertheless, the crux of petitioners’ contention is that              
          petitioner’s payments are subject to double taxation.14  In this            
          regard, petitioners contend that they are being asked to pay                
          income tax on the amount petitioner actually receives, which                
          amount is calculated based on Mr. Walton’s net military retired             
          pay after income taxes are withheld.15  However, based on the               
          record, we are unable to determine whether double taxation would            
          result because petitioners did not introduce any evidence                   
          demonstrating the gross amount of Mr. Walton’s military retired             
          pay and the various taxes that were withheld therefrom.                     
               Admittedly, Congress recognized that subtracting tax                   
          withholdings from the computation of disposable retired pay                 
          created unfairness.  H. Rept. 101-665, at 279-280 (1990).  As a             
          result, Congress amended the definition of “disposable retired              
          pay” such that income taxes withheld are not taken into account             

               14  Petitioners’ contention that petitioner’s payments are             
          subject to double taxation assumes a fact not shown by the                  
          record.                                                                     
               15  Petitioner also argues that she is not receiving the               
          correct amount of money.  We note that this Court is not the                
          proper forum to address petitioner’s complaint and that such                
          complaint should be addressed to the court that has jurisdiction            
          over the QDRO and/or to DFAS.                                               





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