- 11 - contrary to the assignment of income doctrine; and (c) the result in this case is determined by section 402 and the QDRO rules. B. Whether the Fact That Petitioner Was Not Yet Receiving Pension Benefits Means He Is Taxable on Payments He Made to His Former Spouse on Account of Her Community Property Rights in His Pension Respondent contends that the fact that petitioner was not yet receiving pension benefits means he is taxable on payments he made to his former spouse on account of her community property rights in his pension. The employee spouse in Eatinger v. Commissioner, supra, was ordered to pay to his former spouse an amount equal to one-half of his pension payments because his pension was community property. See In re Marriage of Brown, 544 P.2d 561 (Cal. 1976). That was also why petitioner was ordered to pay an amount equal to one-half of the pension he would have received if he had not elected to continue working past the date of his divorce. See In re Marriage of Gillmore, supra at 6. Respondent contends that cases relating to the taxation of community property, such as Poe v. Seaborn and Eatinger, do not apply here because petitioner’s postdivorce wages are not community property. We disagree. Respondent’s argument overlooks the fact that California community property rights do not depend on the form of the payments received by the employee spouse or the source of the payments to the former, nonemployee spouse. In re Marriage of Gillmore, supra; In re Marriage ofPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
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