Robert L. Stahl - Page 18




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          the back child support ($22,500 as previously Ordered by the                
          Court * * * ) and the remainder ($32,900) as other equitable                
          distribution.”  The State Court stated its intent to enter a QDRO           
          against E-Systems (petitioner’s employer) “and the account of               
          * * * [petitioner] therein, of which $22,500 is for a child                 
          support obligation and $32,900 is for equitable distribution.”              
               We think that the following are fair inferences to be drawn            
          from the (1) supplemental final judgment, (2) check, in the                 
          amount of $23,192.18, payable to Meagan, and (3) Form 1099R,                
          received by petitioner and evidencing the Vanguard distribution:            
          The Vanguard distribution was from either the T-Cap or ESOP, both           
          of which were employer-sponsored benefit plans in which                     
          petitioner was a participant on whose behalf an account was                 
          maintained; the Vanguard distribution was made pursuant to the              
          stipulation of petitioner and Ms. Hodson that she would receive             
          $55,400 from those accounts ($32,900 as an equitable distribution           
          and $22,500 (plus interest) in satisfaction of petitioner’s child           
          support obligation); the Vanguard distribution liquidated                   
          petitioner’s obligation pursuant to the stipulation to pay                  
          overdue child support.  We find accordingly.                                
               The parties appear to agree that the Vanguard distribution             
          was from a tax-exempt employees’ trust described in section                 
          401(a) (an employees’ trust), and, therefore, the taxability of             
          such distribution is determined under section 402.  Section                 






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