Lisa Winzen, f.k.a. Lisa Dickens Poe - Page 12




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          and Mr. Poe remained jointly and severally liable for any                   
          liability owed.  This statement accords with the terms of the               
          couple’s divorce decree.  Petitioner first asks us to disregard             
          and supplant the terms in her divorce decree so as to absolve her           
          of any personal liability with respect to the underpayment at               
          issue.  Petitioner then argues that because she was “forced” to             
          withdraw funds, and that “ERISA [otherwise] protects plan money             
          and requires a QDRO [qualified domestic relations order] to                 
          determine the percentage in which to split * * * assets”, ERISA             
          “preempts the IRS in this manner”, thereby leaving respondent               
          with no authority to hold her liable with respect to the                    
          underpayment at issue.  Petitioner is both incorrect and                    
          misguided with respect to both of the foregoing arguments.                  
               First, it is beyond the purview of this Court to simply                
          disregard and/or supplant the terms of a divorce decree.  We                
          neither possess jurisdiction to do so, nor are we a court of                
          equity.4  Second, ERISA is actually part of the Internal Revenue            
          Code, not separate from it.  Therefore, it would be incorrect to            
          state that part of the Code supplants the Code itself.  Finally,            
          petitioner implores that this Court both “honor the divorce                 
          decree” and, at the same time, disregard those terms to hold                
          petitioner not liable for one-half of the underpayment.                     

               4 We note, however, that the proper venue for asserting such           
          a claim would be in the form of a civil action against her ex-              
          spouse in a court with jurisdiction to hear such a case.                    






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