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Relations Order is completed, Robert Louis Karem shall
pay Barbara Wiechman Karem her interest in the pension
plan immediately when he receives it."
Id. After being assessed a deficiency in his gross income
based on a lump-sum plan distribution paid to Mrs. Karem,
Mr. Karem filed a petition in the Tax Court arguing that the
consent judgment was a QDRO. The court rejected this
argument, noting that "the consent judgment directs that a
QDRO be drafted * * *; the consent judgment itself is not a
QDRO." Id. at 525-526 * * *.
The Court of Appeals went on to observe that there was thus no
written order in existence at the time of the distribution that
would satisfy the requirements of section 414(p). Hawkins v.
Commissioner, supra at 991.
On brief petitioner argues that he received the plan
benefits as agent for Mrs. Burton. However, since the Decree did
not qualify as a QDRO, the possibility raised by this argument
becomes moot.
As noted above, the parties stipulated that if the Court
holds that the total amount of the retirement accounts
distribution is taxable to petitioner, then petitioner is also
liable for the additional tax under section 72(t). Consistent
with this stipulation, we so hold.
Decision will be entered
for respondent.
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