Laura D. Seidel - Page 14

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               In the present circumstance, respondent is caught in a                 
          potential “whipsaw” position.  A whipsaw occurs when different              
          taxpayers treat the same transaction involving the same items               
          inconsistently, thus creating the possibility that income could             
          go untaxed or two unrelated parties could deduct the same                   
          expenses on their separate returns.  In such circumstances,                 
          respondent is fully entitled to defend against inconsistent                 
          results by determining in notices of deficiency that both parties           
          to the transaction are liable for the deficiency.  Estate of                
          Dooley v. Commissioner, T.C. Memo. 1992-557; Moore v.                       
          Commissioner, T.C. Memo. 1989-306.                                          
               Petitioner contends that Mr. Seidel should be liable for               
          one-half of the QDRO distribution:  (1) Due to the community                
          property law of California; or (2) due to the “beneficial receipt           
          of the proceeds by Mr. Seidel”.  We note that contrary to her               
          contention, petitioner claimed the entire credit of $15,400 for             
          the Federal income tax withheld on the total $77,000 distribution           
          from Mr. Seidel’s CWSC 401(k) plan, together with the entire                
          itemized deduction of $1,540 for the State and local income taxes           
          withheld on the $77,000 distribution.                                       
               Generally, under section 402(a), a distribution from a                 
          qualified retirement plan is taxed to the distributee.  Section             
          402(a) provides in part:                                                    
                    Except as otherwise provided in this section, any                 






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