- 11 - 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 NextLast modified: November 10, 2007