Richard David Czepiel - Page 11




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                        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).                              





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