Edward A. Bougas III - Page 6

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          to receive all, or a portion of, the benefits payable under a               
          plan with respect to such participant.                                      
               To qualify for the section 72(t)(2)(C) exception to the                
          additional tax the distribution must be made by the plan                    
          administrator to an alternate payee in response to a QDRO.                  
          Section 414(p) provides certain procedural rules with respect to            
          domestic relations orders to provide guidance to plan                       
          administrators when making QDRO determinations.  “Implicit in               
          these procedural rules, and in their underlying purpose to                  
          provide rational rules to guide plan administrators, is the                 
          requirement that a domestic relations order be presented to the             
          plan administrator and adjudged ‘qualified’ before any                      
          distribution is made by the plan to the spouse or former spouse.”           
          Rodoni v. Commissioner, 105 T.C. 29, 36 (1995).                             
               The New Jersey court entered the divorce judgment with                 
          respect to petitioner and Ms. Bougas.  The divorce judgment                 
          waived any right, title, or claim by Ms. Bougas to petitioner’s             
          IRA account.  The divorce judgment relates to marital property              
          rights of petitioner and Ms. Bougas pursuant to the domestic                
          relations laws of New Jersey.  The divorce judgment is therefore            
          a domestic relations order under section 414(p)(1)(B).                      
               However, the divorce judgment did not effectively create or            
          recognize Ms. Bougas’s right as an alternate payee to receive any           
          portion of petitioner’s IRA, nor did it award Ms. Bougas any                






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