- 11 - 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: May 25, 2011