124 T.C. No. 10 UNITED STATES TAX COURT JOHN MICHAEL DUNKIN, Petitioner v. COMMISSIONER OF INTERNAL REVENUE, Respondent Docket No. 4448-03. Filed March 31, 2005. Petitioner (P), who was divorced, was entitled to retire and receive pension payments. If P had retired, his former spouse would have been entitled under California community property law to receive an amount from P equal to one-half of his pension. However, P continued working, delaying his receipt of pension benefits. During the years P continued working, P’s former spouse was entitled under California community property law to receive a monthly payment from P equal to one-half of the pension benefit which P had earned during their marriage and which P would have received if he had retired on the date of their divorce. Held, P’s gross income from his continued employment, which he received in lieu of retirement benefits, does not include the amount of payments to which his former spouse was entitled under California community property law on the basis of the pension earned by P.Page: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
Last modified: May 25, 2011