John Michael Dunkin - Page 1

                                                                                     
                                                                                     








                                  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.                                                           







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