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receives each pension payment, that sum which is determined in
accordance with the following formula: 50 percent X (12 years
and seven months of marriage ÷ by total years of employment).”
As a result, according to Mr. Bangs, the monthly payments at
issue are excludable from his income and includible in Ms.
Platt’s income for the taxable year 2002. Ms. Platt and respon-
dent argue that Ms. Platt did not own an interest in the Balti-
more County pension plan.16 As a result, according to Ms. Platt
and respondent, the monthly payments at issue are includible in
Mr. Bangs’ income and excludable from her income for the taxable
year 2002.
Petitioners in each of these cases agree, and respondent
does not dispute, that the Baltimore County pension plan consti-
tutes a qualified pension plan within the meaning of section
401(a).17 Moreover, none of the parties disputes that the Balti-
16See supra note 12.
17Sec. 401(a) provides in pertinent part:
SEC. 401. QUALIFIED PENSION, PROFIT-SHARING, AND STOCK
BONUS PLANS.
(a) Requirements for Qualification.--A trust
created or organized in the United States and forming
part of a stock bonus, pension, or profit-sharing plan
of an employer for the exclusive benefit of his employ-
ees or their beneficiaries shall constitute a qualified
trust under this section--
(1) if contributions are made to the trust by
such employer, or employees, or both * * * for the
purpose of distributing to such employees or their
(continued...)
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