Hubert Joubert - Page 7




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          derived”. Pensions are listed among the forms of income within              
          the definition of section 61(a).  Sec. 61(a)(11).  Under section            
          402(a), a pension distribution is normally taxed to the                     
          distributee.6  Pursuant to section 402(e)(1)(A), the spouse or              
          former spouse is treated as the distributee with respect to                 
          distributions allocated to that spouse pursuant to a QDRO, and              
          such distributions therefore become taxable income to that                  
          spouse.  In this situation, the spouse receiving the distribution           
          pursuant to the QDRO is also known as an “alternate payee”.                 
          Secs. 402(e)(1)(A), 414(p)(8).                                              
               In 2002, petitioner received the $168,355.71 pension                   
          distribution as an alternate payee under the QDRO.  As a                    
          consequence, he was required to include the full amount of that             
          distribution in his 2002 income.  Although the Court is                     
          sympathetic to petitioner’s claimed financial hardship, his                 
          argument that he has spent the money primarily for eleemosynary             
          purposes and may now be unable to pay his tax liability is                  
          irrelevant to the existence of the tax liability.                           
               To the extent that petitioner asserts entitlement to                   
          charitable contribution deductions for asserted expenditures                
          related to his foundation, the Court concludes that he has not              
          carried the burden of proving entitlement to any such deductions.           


               6 As a technical matter, sec. 402(a) provides that the                 
          distribution is taxable under sec. 72.                                      






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