- 12 - The United States Court of Appeals for the Fourth Circuit (Court of Appeals), in which an appeal in this case would nor- mally lie, and this Court have addressed the precise issue presented here. Pfister v. Commissioner, 359 F.3d 352 (4th Cir. 2004), affg. T.C. Memo. 2002-198. In Pfister v. Commissioner, 359 F.3d 352, the taxpayer took substantially the same position that petitioner takes here. The taxpayer maintained there that the term “disposable retired pay” used in the divorce decree in question was calculated after tax was withheld and that therefore the taxpayer should not be taxed upon the amount of such dispos- able retired pay to which the taxpayer was entitled under that divorce decree. In rejecting the taxpayer’s position, the Court of Appeals stated: Pfister does not contend that her ex-husband’s military retirement pay is not a pension; rather, based upon Pfister’s flawed interpretation of the * * * definition of “disposable retired pay” Pfister contends that she is statutorily entitled to her portion of her former husband’s retirement pay without any tax liability. Pfister’s argument is without merit. * * * * * * * 5(...continued) percent of Mr. Seaman’s post-amendment disposable retired pay, rather than 50 percent of Mr. Seaman’s pre-amendment disposable retired pay. Resolution of petitioner’s contention is not material to our resolution of the issue presented. In any event, that contention is rejected by the DFAS notice that petitioner received in the fall of 1992. That notice stated in pertinent part: “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.”Page: Previous 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 NextLast modified: November 10, 2007