EXPLAINING THE PENSION PLAN & TAX SCHEME

Pension Plan (refer to item 12.3 on Joint Property Statement from Petitioners Trial Brief) Petitioner is trying to explain what he did with nearly $400,000.00 withdrawn from the pension plan between April and June 2013. He is claiming he paid his own separate taxes for the most part (except 2010) with all those funds. It is not true. We can show by documentation. But, where is that money? Strategically the Judge opened the door for him to claim necessities of life for paying the taxes (see June 24, 2013 trial transcripts). Hogwash... I sent a letter in early April stating that is insane - dont do it. He now owes 30% income tax on the pension withdrawals he claims to have paid income tax with. Financial suicide death spiral. He got caught plundering. My position is that he has borrowed against his half. The petitioner is mixing the pension plan issues with the tax issues. I unwind it below: 2009 and 2010 are the ONLY JOINT FILING YEAR and the gures below include penalties and interest - respondent denitely is not party to to any penalties and interest and contends the tax issues are solely those of the petitioner as they are from his income and a result of his secretive, unilateral decision to cease withholding from his paychecks. RED IS NOT COMMUNITY *Asterix denotes that petitioner has claimed the amount was paid with pension fund withdrawals

Tax

Real Amount Paid 45,000.00 114,830.0* ?

Claimed Amount Paid 103,935.00 (TRICK) 114,830.0* 33,90.00*

Actual Date Paid April 29, 2013 April 29, 2013 By February 2013

Claimed Date Paid

Paid From Pension Possibly

IRS 2009 IRS 2010 IRS 2011

April 2013 April 2013

Possibly Not from withdrawals between April and June 2013 ? ? ? ? ?

IRS 2012 FTB 2011 FTB 2012 FTB 2009 FTB 2010

? ? ? ? Never Mentioned

155,000.00* 18,415.00* 45,000.00* $32,859.00 ?

? ? ? ? ?

? ? ? ? ?

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EXPLAINING THE PENSION PLAN & TAX SCHEME

NOTE on 2009 IRS Taxes: The amount due for IRS 2009 Back Taxes was $45,000.00. Here is the petitioners trick; he stopped having withholding taken out half way through (May) 2009. He is combining what was withheld in the rst part of 2009 and the unpaid amount due plus penalties and interest that was never withheld. He is adding in any installment payments he made along the way = $103,935.00

More on the 2009 Taxes: He is not claiming he paid these with Pension Plan withdrawal funds. We know from the IRS that the 2009 taxes due when they were paid on April 29, 2013 were $45,000.00. We cannot conrm when the FTB 2009 taxes of $32,859. were paid. THE PROBLEM: He is claiming he paid a total debt of 2009 taxes between FTB and IRS of $136,794.00 - He has never reported on his Income & Expense Declarations, over the last two years, as having any checking or savings account resources where he could access these funds. A the veery least, as the IRS is reporting the 2009 IRS taxes of $45,000.00 being paid on April 29, 2013 AND the petitioner is indicating he did not use pension plan funds......where did the money come from? BTW: There is still the $27,000.00 per month surplus income over expenses for September 2011 through August 2012 that has not been explained. Approximately $324,000.00 ($44,000.00 monthly gross with$17,000.00 monthly expenses) It seems that if the Judge has already indicated there is retroactivity for support if there was greater income than the $35,000.00 per month (2009 income) used for the Dissomaster support calculation. Then the petitioners own, signed Income & Expense Declaration led October 31, 2012 is evidence.

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