Barbara E. Seaman - Page 8




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               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 settlement                






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