- 49 - Ninth Circuit, to which this case is appealable, considered whether the Commissioner may levy upon ERISA-regulated pension benefits to satisfy a husband’s tax debt against the claim that the wife has a vested interest in half of those benefits pursuant to California community property laws. Id. at 657. The Court of Appeals noted: We have held before that, by granting creditors recourse against the whole community estate on debts of only one spouse, California law “implicitly” establishes that spouse’s “interest” in the whole of the community property, at least to a degree sufficient for the IRS to impose tax liens under the Internal Revenue Code. * * * [Id. at 658.] Mrs. McIntyre argued that ERISA preempts California community property law and that ERISA’s antialienation provision prevented the IRS from levying on the benefits from any ERISA-governed pension plan.2 Id. at 659, 660. The court stated: “This argument relies on an over-exuberant interpretation of ERISA’s anti-alienation provision” and rejected the premise that ERISA’s antialienation provision would preclude operation of California community property law to the extent that it would permit 2 The court also rejected Mrs. McIntyre’s argument that California community property law gave her a vested interest in half of her husband’s pension benefits and the IRS could not therefore levy on this half of the pension benefits. McIntyre v. United States, 222 F.3d 655, 658-659 (9th Cir. 2000). The court relied on Cal. Fam. Code sec. 910(a) and the reasoning in Babb v. Schmidt, 496 F.2d 957 (9th Cir. 1974), and held that creditors have recourse over the whole of the community property. Id. The issue before us, regarding the preemption of community property laws by sec. 6015(a) and (g), and the application of sec. 6015, however, were not at issue in McIntyre.Page: Previous 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 Next
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