Legal Opinion

Balding v. Commissioner

United States Tax Court

Decided March 31, 1992No. Docket No. 10108-90Published

Petitioner received payments in settlement of her claim to a community property share of her ex-husband's military retirement pay. Held, pursuant to sec. 1041, I.R.C., no income is recognized by petitioner on receipt of such payments.

1Opinion of the Court

Hazel Eileen Balding, Petitioner v. Commissioner of Internal Revenue, Respondent

Balding v. Commissioner

Docket No. 10108-90

United States Tax Court

98 T.C. 368; 1992 U.S. Tax Ct. LEXIS 31; 98 T.C. No. 27; 15 Employee Benefits Cas. (BNA) 1233;

March 31, 1992, Filed

Decision will be entered under Rule 155.

Petitioner received payments in settlement of her claim to a community property share of her ex-husband's military retirement pay. Held, pursuant to sec. 1041, I.R.C., no income is recognized by petitioner on receipt of such payments.

Jack W. Golden, for petitioner.

William A. McCarthy, for…

2Cases cited11 opinions

  1. McCarty v. McCartySupreme Court of the United States · 1981
  2. Commissioner v. P. G. Lake, Inc.Supreme Court of the United States · 1958
  3. United States v. DavisSupreme Court of the United States · 1962
  4. Commissioner v. ConnellySupreme Court of the United States · 1949
  5. Johnson v. United StatesCourt of Appeals for the Ninth Circuit · 1943

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