Jeanne E. Amarasinghe - Page 8




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          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 between            







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