- 15 - taxable on her share of retirement benefits.13 Instead, we based our decision on the former spouse’s ownership of retirement rights under California community property law and the principle that property is taxed to its owner. See Poe v. Seaborn, supra. We believe the same approach is appropriate here. An order to a retirement plan to pay an early retirement benefit (i.e., a retirement benefit payable to the nonemployee spouse before the employee spouse retires) can be a QDRO. Sec. 414(p)(4). Respondent contends that petitioner could have obtained a QDRO providing an early retirement benefit to his former spouse under which she would have been taxable on the payments at issue. Because domestic relations are preeminently matters of State law, Congress rarely intends to displace State authority in this area. Mansell v. Mansell, 490 U.S. 581, 587 (1989). Even if petitioner could have obtained an early retirement QDRO, respondent does not contend that Federal law prohibits the arrangement under California community property law that was made in this case; i.e., petitioner paid his former spouse the benefit 13 The pension plan in Eatinger v. Commissioner, T.C. Memo. 1990-310, was not a qualified trust because it was a Government plan, and, at that time, Government retirement plans were not qualified plans. Karem v. Commissioner, supra at 526 n.4; see H. Rept. 101-247, 1443 (1989).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
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