- 5 - statement, from the Retirement Plan reporting the amount of the distribution. During 2001, petitioner received $16,909 pursuant to the QDRO. On her return for that year, petitioner disclosed this amount in its entirety on line 16a, “Total pensions and annuities”, but reported “0” on line 16b as the taxable amount. In explanation, petitioner wrote “see addendum (commun. prop.)” and attached to her return a copy of the Superior Court’s July 1986 order. Petitioner had consistently followed this approach for every year that she had received a distribution. Respondent contends that the amount actually paid to petitioner in 2001, i.e., $16,909, is includable, in its entirety, in petitioner’s income for that year. Petitioner contends that she received no property settlement per se in her divorce from Mr. Kelley and that her community property interest in his retirement benefits is essentially a “return of capital” and therefore not taxable. Petitioner also points out that on three separate occasions over the years, respondent’s Service Centers have issued “no change” letters after inquiring into the status of her interest in Mr. Kelley’s retirement benefits.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: May 25, 2011