- 12 - applicable and the general rules of section 402(a)(1) and (13) apply.5 See Smith v. Commissioner, T.C. Memo. 1996-292. Against this backdrop, several cases have addressed the meaning of "distributee". In Darby v. Commissioner, supra, which dealt with a 1983 plan distribution, we held that a distribution from a qualified profit-sharing plan pursuant to a provision in a State court divorce decree was taxable in its entirety to the husband-employee even though he paid a portion of the distribution to his former wife in accordance with the decree. On the basis of "the statutory matrix which the Congress understood and modified in the Retirement Equity Act of 1984", id. at 59, the Court concluded that "a distributee of a distribution under a plan ordinarily is the participant or beneficiary who, under the plan, is entitled to receive the distribution." Id. at 58 (emphasis added). The Court stated the following: A conclusion that "distributee" means "participant (or beneficiary) under the plan" appears to be consistent with Congress' understanding when it enacted REA '84 and TRA '86. We do not have to decide in the instant case whether that is the definitive or only meaning of "distributee". * * * Id. at 66. The Court also found that the term "distributee" is not synonymous with either "recipient" or "owner", and that the 5 Sec. 402(a)(9) is now sec. 402(e)(1)(A).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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