- 8 - During the fall of 1992, petitioner received a “Notice to Former Spouse” from DFAS (DFAS notice). That notice stated in pertinent part: The Internal Revenue Service has recently ruled that Defense Finance and Accounting Service must with- hold federal income tax on amounts received as a divi- sion of retired pay. A Form 1099R (Distributions From Pensions, Annuities, Retirement or Profit Sharing Plans, IRA’s Insurance Contracts, etc.) will be issued. It will reflect the former spouse’s gross entitlement and federal income tax withheld for payments received by former spouses as a division of property for the calendar year. * * * No change is required in the computation of the amount due the former spouse, taxes are still allowed as a deduction before dividing the retired pay. Amounts reflected on the Form 1099-R issued to the former spouse will be excluded from the Form 1099-R issued to the retiree. Tentative plans call for first issuing Form 1099-R and withholding federal income taxes on property pay- ments paid to former spouses in 1993. * * * [Reproduced Literally.] Before DFAS implemented the plans that it announced in the DFAS notice, inter alia, to withhold Federal income tax (tax) on amounts to which a former spouse is entitled “as a division of retired pay”, neither DFAS nor AFAC withheld tax from the monthly payments that each made to petitioner pursuant to petitioner’s divorce decree and petitioner’s property settlement request. Around early 1993, DFAS implemented certain of the plans that it announced in the DFAS notice and, inter alia, began withholding tax on the monthly amounts of pre-amendment dispos- able retired pay to which petitioner is entitled under peti- tioner’s divorce decree and petitioner’s property settlementPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 NextLast modified: November 10, 2007