Estate of Martin J. Machat, Deceased, Avril Giacobbi and Eric R. Sklar, Executors - Page 12

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            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).                                           




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