- 9 - The question remains whether Ms. Reichner received any distributions “under” the QDRO. See sec. 402(e)(1)(A). Section 414(p) provides certain procedural rules with respect to domestic relations orders. Sec. 414(p)(6) and (7); Rodoni v. Commissioner, 105 T.C. 29, 36 (1995). “Implicit in these procedural rules * * * is the requirement that a domestic relations order be presented to the plan administrator and adjudged ‘qualified’ before any distribution is made by the plan to the spouse or former spouse.” Rodoni v. Commissioner, supra; see also Bougas v. Commissioner, T.C. Memo. 2003-194 (distribution from a plan was not made under a QDRO where taxpayer failed to submit the domestic relations order to the plan administrator for approval). The stipulated order does not have a date stamp or other notation indicating when it was adjudged qualified. Nevertheless, it appears the determination was made, at the earliest, in December 2002. The stipulated order provides that the Delta plan shall make direct payments to Ms. Reichner “as soon as administratively possible” after the order is adjudged qualified. Petitioner continued to send Ms. Reichner $1,000 monthly checks through at least November 2002. The fact that the Delta plan made no direct payments to Ms. Reichner before December indicates the stipulated order had not been adjudged qualified before that time. Accordingly, we conclude that thePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: May 25, 2011