Margret Louise Kelley - Page 3

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          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.                                                   




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