William E. Johnson - Page 3

                                        - 3 -                                         
          support and to maintain medical insurance for the minor children.           
          The divorce decree did not order petitioner to maintain medical             
          insurance for his former spouse.  Pursuant to Virginia law, the             
          divorce decree designated the marital residence, petitioner’s               
          Thrift Savings Plan, valued at $63,445.46,1 and petitioner’s                
          Civil Service Retirement Plan as marital property and granted               
          petitioner’s former spouse a 50-percent interest in the marital             
          property.                                                                   
               The divorce decree further ordered that $31,722.73 was to be           
          transferred immediately from petitioner’s Thrift Savings Plan               
          into the sole name of petitioner’s former spouse.  Regarding                
          petitioner’s Civil Service Retirement Plan, the divorce decree              
          ordered the following:                                                      
               7. The plaintiff is hereby awarded fifty percent of the                
               marital share of the defendant’s [petitioner’s] pension                
               acquired through his employment with the United States                 
               Government, Civil Service, Department of the Navy.  The                
               plaintiff [sic] share of retirement shall be calculated                
               using a fraction where the numerator shall be 22.5,                    
               representing the number of years of the marriage, and                  
               the denominator shall be the total number of years                     
               during which creditable retirement benefits were                       
               acquired by the defendant, times fifty percent.                        
               Petitioner timely filed a tax return for his taxable year              
          2002, characterizing on that return $6,724 as deductible alimony            



               1The Thrift Savings Plan had a gross value of $88,487.21,              
          less $10,902.22 (borrowed from the plan to pay off the mortgage             
          on the marital residence), less $14,139.53 (borrowed from the               
          plan to pay off the mortgage on other marital property), for a              
          net value of $63,445.46.                                                    




Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  Next

Last modified: May 25, 2011