- 13 - If no plan administrator is specifically designated,3 and the plan is not maintained by an employer, an employee organization, or a group representing the parties, then the default rule is that the person in control of the assets is the plan administrator. Sec. 414(g); sec. 1.414(g)-1(b), Income Tax Regs. In this case, the default plan administrator would be Waddell & Reed as the person in control of the Plan’s assets. There is no evidence that Waddell & Reed received a copy of the Order or that Waddell & Reed made a determination that it was a QDRO. Therefore, we find that the Order fails the procedural requirements of section 414(p). Additionally, when the distribution is actually made, section 402(e)(1)(A) requires that it be made directly to the alternate payee to qualify for the exception to section 402(a) by requiring that the distribution be “made to the alternate payee under a * * * [QDRO]”. (Emphasis added.) See Burton v. Commissioner, T.C. Memo. 1997-20 (noting that in part because the distribution was made to the plan participant and not his former spouse, it was not “made by the plan administrator to an alternate payee in response to the Decree”). 3 Dr. Amarasinghe asserts on brief that he was designated as the plan administrator for the Plan. However, under Rule 143(b), statements in briefs are not evidence.Page: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 NextLast modified: March 27, 2008