Edward A. Bougas III - Page 8

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          are given with a view to the orderly conduct of business, they              
          may be fulfilled by substantial compliance.  Taylor v.                      
          Commissioner, supra at 1077-1078; Sperapani v. Commissioner,                
          supra at 330-331.                                                           
               We need not address whether all the requirements of section            
          414(p) go to the essence of the statute or are merely procedural            
          because we find that the divorce judgment and petitioner’s                  
          actions fail to comply substantially with the QDRO requirements             
          in section 414(p).  See Rodoni v. Commissioner, supra at 39-40.             
               Petitioner never submitted a copy of the divorce judgment to           
          the plan administrator for a determination, nor was he even                 
          required by the divorce judgment to pay the ordered obligations             
          from his IRA.  The divorce judgment fails to name Ms. Bougas as             
          an alternate payee, fails to specify clearly an amount or                   
          percentage of petitioner’s IRA that was to be paid by the plan to           
          Ms. Bougas, and fails to create or recognize any rights of Ms.              
          Bougas to receive any portion of petitioner’s IRA.  See sec.                
          414(p)(1) and (2).  In direct conflict with the requirements of             
          section 414(p), the divorce judgment explicitly states that the             
          IRA is petitioner’s sole and exclusive property, free and clear             
          of any claims of Ms. Bougas.  Clearly, the divorce judgment did             
          not substantially comply with the section 414(p) QDRO                       
          requirements.                                                               
               Petitioner further claims that he should not be penalized              






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