- 9 - them by the use of particular language, the intentions of the parties are not controlling.” Id. at 70 (citing Commissioner v. Lester, 366 U.S. 299, 304-305 (1961)). The Court compared the QDRO provisions to the child support language in section 71(c) at issue in Lester, and concluded that “a QDRO should be ‘clear and specific’ and not ‘left to determination by inference or conjecture.’” Id. at 73 (quoting Commissioner v. Lester, supra at 306). With these considerations in mind, the Court held that the DRO was not a QDRO, in part because on its face it did not create, recognize, or assign rights in the pension plan to Mrs. Hawkins. Id. at 74. The Court concluded that identifying the pension plan as the source of the $1 million payable to Mrs. Hawkins was not a sufficient indication that she was an alternate payee. Id. The Court noted that there were no clear signs that a QDRO was intended, such as references to Mrs. Hawkins as the alternate payee or as the person responsible for the taxes on the distribution. Id. Mr. Hawkins appealed the Court’s decision to the Court of Appeals for the Tenth Circuit, which reversed this Court’s ruling. Hawkins v. Commissioner, 86 F.3d 982 (10th Cir. 1996), revg. 102 T.C. 61 (1994). The Court of Appeals held that the use of the phrase “$1 million ‘from’ * * * [the pension plan]” sufficiently created or recognized the contractual right in Mrs. Hawkins required by section 414(p)(1)(A)(i). Id. at 990. ThePage: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 NextLast modified: March 27, 2008