Robert L. Stahl - Page 20




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          Meagan is petitioner’s child, not his spouse or former spouse;              
          therefore, even if the supplemental final judgment satisfied the            
          requirements for a QDRO, petitioner is the distributee and                  
          subject to tax on the $23,192.18.  If the supplemental final                
          judgment is not a valid QDRO, petitioner is the distributee for             
          purposes of section 402(a) and is subject to tax on the amount              
          distributed.  Hawkins v. Commissioner, 102 T.C. 61, 77 (1994);              
          Karem v. Commissioner, 100 T.C. 521, 531 (1993) .                           
               Moreover, in the supplemental final judgment, the State                
          Court states that a QDRO “shall issue” and “a single QDRO is                
          hereby Ordered to be entered against E-Systems and the account of           
          the Former Husband therein”.  In order paragraph number 10 of the           
          supplemental final judgment, the court retains jurisdiction:  “to           
          enter the required QDRO”.  We assume that the State Court                   
          intended an additional and separate order to implement its intent           
          to issue a QDRO.  Petitioner has, however, failed to show that              
          such order was entered or, if entered, met the specifications of            
          section 414(p).  Clearly, petitioner is aware of the importance             
          of a QDRO in establishing Ms. Hodson as an alternate payee for              
          purposes of section 402(e)(1)(A), since he has proposed that we             
          find that the Vanguard distribution “was made via a Qualified               
          Domestic Relations Order”.  Petitioner has not claimed any                  
          difficulty in obtaining a copy of any QDRO entered by the State             
          Court.  We infer that, since no such order is in evidence, either           






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