Margret Louise Kelley - Page 8

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          In other words, a distribution made to an alternate payee under a           
          qualified domestic relations order will be taxable to the                   
          alternate payee, and not to the plan participant or beneficiary,            
          because section 402(e)(1)(A) treats the alternate payee as the              
          distributee of the distribution.  Seidel v. Commissioner, T.C.              
          Memo. 2005-67.                                                              
               As relevant herein, section 414(p)(1)(A) defines a                     
          “qualified domestic relations order” as a domestic relations                
          order “which creates or recognizes the existence of an alternate            
          payee’s right to, or assigns to an alternate payee the right to,            
          receive all or a portion of the benefits payable with respect to            
          a participant under a plan”.  The term “domestic relations order”           
          means any judgment, decree, or order that relates to the                    
          provision of alimony payments or marital property rights to a               
          spouse or former spouse of a plan participant and that is made              
          pursuant to a State domestic relations law, specifically                    
          including a community property law.  Sec. 414(p)(1)(B); see                 
          Dunkin v. Commissioner, 124 T.C.     (2005) (slip op. at 6-7)               
          (discussing relevant principles of California community property            
          law).                                                                       
               In the present case, neither party has raised any issue                
          regarding the status of the Superior Court’s December 1992 order            
          as a qualified domestic relations order, and there is nothing in            
          the record that would lead us to question its status as such.               






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