- 13 - * * * Essentially, Pfister argues that because “disposable retired pay,” by definition, is calculated after taxes are withheld, it should not be taxed upon payment to the retiree’s spouse or former spouse. Implicit in that argument is Pfister’s contention that she is not the owner of one-half of her former hus- band’s retirement pay. Therefore, the issue becomes whether Pfister owns her portion of her ex-husband’s retirement pay. We hold that Pfister is the owner of one-half of her former husband’s retirement pay, and she is there- fore liable to pay the * * * income tax deficiency. * * * * * * * * * * It is well established that military retirement payments “are gross income to the party who owns the right to those payments pursuant to the division of property in a divorce.” Moreover, as the Tax Court noted, “[i]t is axiomatic in Federal tax law that income is taxable to the legal owner of the * * * property producing the income.” Pfister provides no theory on which to contradict this conclusion. Accord- ingly, we conclude that the Tax Court properly deemed Pfister to be the owner of one-half of her former husband’s military retirement pay. [Citations omit- ted.] Pfister v. Commissioner, supra at 353-355. We conclude that the holding of the Court of Appeals and its rationale underlying that holding in Pfister v. Commissioner, 359 F.3d 352, which were based upon this Court’s holding and its rationale underlying that holding in Pfister v. Commissioner, T.C. Memo. 2002-198, are controlling in the instant case. On the record before us, we find that, pursuant to petitioner’s divorce decree and petitioner’s property settlement agreement, petitioner is the owner of 50 percent of Mr. Seaman’s disposable retiredPage: Previous 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 NextLast modified: November 10, 2007