Balding v. Commissioner
United States Tax Court
98 T.C. 368 (1992)
- Written by Kelsey Libby, JD
Facts
Hazel Balding (plaintiff) married Joe Balding in 1962, shortly after Joe entered the military. The Baldings divorced in 1981, soon after Joe retired from the military. The divorce court initially ruled that Joe’s military retirement pay was his sole and separate property, but in 1984 Hazel asked the divorce court to award her a share of the military retirement pay following changes to state community-property law. The Baldings reached a settlement under which Joe agreed to pay Hazel $15,000 in 1986, $14,000 in 1987, and $13,000 in 1988, and Hazel relinquished any claim to the military retirement pay. Hazel did not include the settlement payments as income on her tax returns. The commissioner of internal revenue (defendant) held that the settlement payments should have been included and assessed deficiencies as a result. Hazel sought review in the tax court.
Rule of Law
Issue
Holding and Reasoning (Halpern, J.)
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