- 2 - be entered is not reviewable by any other court, and this opinion should not be cited as authority. Respondent determined a deficiency in petitioner’s Federal income tax for the taxable year 2001 in the amount of $633. However, prior to trial, respondent filed a motion for leave to file answer out of time in order to assert an increased deficiency. See sec. 6214(a). Petitioner did not object to respondent’s motion, and the Court granted it. Accordingly, the deficiency at issue in this case is $1,900. After a concession by petitioner,2 the only issue for decision is whether a $16,909 distribution made to petitioner as an alternate payee under a qualified domestic relations order is taxable to her as the distributee of such distribution. We hold that it is. Background Some of the facts have been stipulated, and they are so found. At the time that the petition was filed, petitioner resided in Asheville, North Carolina. Petitioner and William A. Kelley (Mr. Kelley) were married in August 1954. The couple separated on June 11, 1986. Thereafter, in December 1986, the Superior Court of Orange 2 Petitioner concedes that a capital gain distribution of $138 that she received from Wachovia Securities Inc. is includable in her income.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: May 25, 2011