- 8 - 72(t)(2)(C). Section 402(e)(1)(A) provides that an “alternate payee” who is the spouse or former spouse of the plan participant shall be treated as the distributee of any distribution or payment made to the “alternate payee” under a “qualified domestic relations order” as defined in section 414(p). Thus, section 402(e)(1)(A) treats the alternate payee as the distributee, and the alternate payee will be taxable on the distribution. Here, the marital settlement agreement is not a qualified domestic relations order and does not designate an alternate payee. Furthermore, the distribution in question is a distribution to Mr. Ahmad himself, the plan participant. As the settlement agreement is not a qualified domestic order, and Mr. Ahmad is not an alternate payee, the exception in section 72(t)(2)(C) is inapplicable. In light of the foregoing, the Court holds that petitioners are liable for the 10-percent additional tax imposed under section 72(t). Reviewed and adopted as the report of the Small Tax Case Division. Decision will be entered for respondent.Page: Previous 1 2 3 4 5 6 7 8 9
Last modified: May 25, 2011