- 10 - Court of Appeals decided that based on the legislative history of the statute, the Court’s reading of section 414(p) was too narrow and would make it unreasonably difficult for DROs to qualify as QDROs. Id. at 991. Dr. Amarasinghe argues that the Court of Appeals’ interpretation of section 414(p)(1)(A)(i) supports his argument that the Order is a QDRO because, like the DRO in Hawkins, the Order specifies the Plan as the source of the funds that Dr. Amarasinghe must pay to Ms. Amarasinghe. Ms. Amarasinghe and respondent argue, and we agree, that the case before us is distinguishable from Hawkins v. Commissioner, supra, because in the case before us the Order did not give Ms. Amarasinghe a direct right to receive the distribution, but instead required Dr. Amarasinghe to “cash out” first. In Hawkins, the DRO at issue allowed the former spouse to receive payments directly from the plan. Hawkins v. Commissioner, 102 T.C. at 63. A DRO fails to meet the requirements of section 414(p)(1)(A)(i) if it does not create or recognize in the alternate payee the right to receive benefits directly from a qualifying plan. Dr. Amarasinghe argues that the Order is a QDRO because the “end result” it required was that Ms. Amarasinghe receive funds originating from the Plan. However, this argument urges us to ignore the statutory requirement that to be qualified, a DRO must create or recognize in an alternate payeePage: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 NextLast modified: March 27, 2008