T.C. Memo. 1997-20 UNITED STATES TAX COURT JERRY L. BURTON, Petitioner v. COMMISSIONER OF INTERNAL REVENUE, Respondent Docket No. 6115-95. Filed January 13, 1997. P received a lump-sum distribution from two accounts under a qualified pension plan in 1991. Pursuant to a divorce decree entered shortly thereafter, part of the distribution was used to pay off the mortgage on P's former residence and to pay his ex-wife $30,000. P reported the distribution as income on his 1991 Federal income tax return, but included the amount used to satisfy his mortgage obligation and the amount paid to his ex-wife as part of an alimony deduction. R disallowed the alimony deduction and determined that P is taxable on the entire distribution. P contends that he is not liable for tax on the portion of the distribution paid to his former wife and the portion used to satisfy the mortgage because the payments were made pursuant to a qualified domestic relations order (QDRO), as defined by sec. 414(p), I.R.C. Held: The divorce decree rendered after the lump-sum distribution to P does not meet the requirements of sec. 414(p), I.R.C., and is thus not aPage: 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
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