- 14 - 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, anyPage: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Next
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