MOZLEY v. COMMISSIONER

Docket No. 4865-00.

81 T.C.M. 1679 (2001)

T.C. Memo. 2001-125

Doris Neill Mozley, v. Commissioner.

United States Tax Court.

Filed May 30, 2001.


Attorney(s) appearing for the Case

Doris Neill Mozley, pro se.

Timothy B. Heavner, for the respondent.


MEMORANDUM FINDINGS OF FACT AND OPINION

JACOBS, Judge:

Respondent determined deficiencies in petitioner's Federal income taxes of $964 for 1995 and $3,442 for 1996.

The issue for decision is whether petitioner's receipt of a portion of military retirement pay to which petitioner's former husband otherwise was entitled constitutes receipt of taxable: (1) Alimony pursuant to sections 61(a)(8) and 71; or, in the alternative, (2) pension income pursuant...

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