- 8 - section 402(e)(1)(A), an alternate payee is treated as the distributee of a distribution from a qualifying plan only if the distribution is made to the alternate payee under a QDRO. Ms. Amarasinghe and respondent contend that the Order fails to satisfy the requirement of section 414(p)(1)(A)(i) because it does not recognize Ms. Amarasinghe as an alternate payee. The statute defines an “alternate payee” as “any spouse, former spouse, child or other dependent of a participant who is recognized by a domestic relations order as having a right to receive all, or a portion of, the benefits payable under a plan with respect to such participant.” Sec. 414(p)(8). Specifically, Ms. Amarasinghe and respondent argue that Ms. Amarasinghe is not recognized as an alternate payee because the DRO does not give her an independent right to obtain the funds directly from the Plan, but instead it directs Dr. Amarasinghe to “cash out” and then pay the funds to Ms. Amarasinghe. The present case is similar to, but distinguishable from, Hawkins v. Commissioner, 102 T.C. 61, 62-63 (1994), revd. 86 F.3d 982 (10th Cir. 1996), where the disputed DRO provided: “Wife shall receive as her separate property: a) Cash of One Million Dollars ($1,000,000) from Husband’s share of the Arthur C. Hawkins, DDS Pension Plan.” In interpreting the statute, the Tax Court stated that because section 414(p) “allows parties to a marital settlement agreement to allocate the tax burdens betweenPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 NextLast modified: March 27, 2008