- 2 -
Respondent determined a deficiency of $7,070 in petitioners’
2002 Federal income tax. After concessions,1 the issues for
decision are: (1) Whether petitioners must include in gross
income $12,000 of a $25,100 distribution they received from
petitioner husband’s retirement plan,2 and (2) to the extent the
$12,000 is included in gross income, whether petitioners are
entitled to an alimony deduction for payments made to petitioner
husband’s former wife.
Background
Some of the facts have been stipulated and are so found.
The stipulation of facts, supplemental stipulation of facts, and
the attached exhibits are incorporated herein by this reference.
Petitioners resided in Belleview, Florida, at the time they filed
their petition. Unless otherwise indicated, all references to
petitioner are to Robert Reichner.
Petitioner and Gloria Reichner (Ms. Reichner) were married
on November 7, 1970. During their marriage, petitioner
contributed to a retirement plan maintained by his employer,
Delta Airlines (the Delta plan). Petitioner and Ms. Reichner
were divorced on March 28, 2000, pursuant to a divorce decree
1 Respondent concedes that petitioners are not liable for an
additional tax of $3,941 on distributions they received from one
or more qualified retirement plans.
2 Petitioners do not dispute that the remaining $13,100 of
the distribution is included in gross income.
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: May 25, 2011