QUOTE (david rigby @ Apr 22 2008, 02:03 PM)

I may misunderstand the facts, but it appears the participant wants to bear the taxation burden of the QDRO amount. However, IRC 402:
QUOTE
(e) Other rules applicable to exempt trusts
(1) Alternate payees
(A) Alternate payee treated as distributee
For purposes of subsection (a) and section 72, an alternate payee who is the spouse or former spouse of the participant shall be treated as the distributee of any distribution or payment made to the alternate payee under a qualified domestic relations order (as defined in section 414(p)).
appears to assign that responsiblity to the Alternate Payee. Note the word "shall".
Under the assignment of interest rule, retirement income is taxed to the person who earns it, i.e., the employee, not the payee, unless there is a statutory exception. IRC 402(e) deems the spouse who recieves retirement income as the AP under a QDRO to be the person who is taxed under IRC 72 and therefore is eligible to rollover the funds to an IRA. Where the AP under a QDRO is a child, the employee will be taxed under the assignment of interest rule and no rollover is allowed. There is an old IRS pronouncement (Notice 89-25?) that explains the difference in taxation.