- 11 - bution made to such payee under a QDRO. [Reproduced literally.] Petitioner appears to be arguing that the divorce judgment is a qualified domestic relations order (QDRO) as defined in section 414(p) because the Family Court in effect ordered him to satisfy the increased amount awarded to Ms. Czepiel by making the IRA distributions since the only funds available to him in January 1995 to pay that amount consisted of approximately $33,000 on deposit in his IRA's. Respondent counters that the divorce judgment is not a QDRO and that petitioner's reliance on section 402(e)(1)(A) is misplaced. We agree with respondent. The provision requiring a taxpayer to include in gross income an amount paid or distributed from an IRA is section 408(d)(1). That section provides: (1) In general.--Except as otherwise provided in this subsection, any amount paid or distributed out of an individual retirement plan shall be included in gross income by the payee or distributee, as the case may be, in the manner provided under section 72. The term "individual retirement plan" in section 408(d)(1) includes an IRA. See sec. 7701(a)(37)(A). Section 402(e)(1)(A) on which petitioner relies does not operate as an exception to section 408(d)(1).3 Only an exception 3Even if it did, on the record before us, we find that petitioner has failed to establish that the divorce judgment qualifies as a QDRO as defined in sec. 414(p).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
Last modified: May 25, 2011