Robert A. Hall and Laverne M. Hall - Page 13

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          Guardian IRA, as petitioner's investment in the IRA contract.               
          Cf. Wimbish v. United States, 267 F. Supp. 597 (W.D. Ky. 1967).             
               Amounts Allocated to Investment and Income                             
               Generally, for distributions of amounts not received as                
          annuities, before the annuity starting date, the amount of a                
          distribution allocable to the investment in the contract and thus           
          distributed tax free, is the portion of the amount received that            
          bears the same ratio to the amount received as the investment in            
          the contract bears to the account balance.  Sec. 72(e)(8)(A) and            
          (B).                                                                        
               The operation of section 72(e)(8) is, however, modified in             
          the case of an IRA by section 408(d)(2).  The latter section                
          requires for section 72 purposes that we treat all IRA's as one,            
          all distributions in 1992 as one distribution, and that we                  
          compute the value, income, and investment in the contract as of             
          the end of 1992; the value of the contract includes the amount of           
          any distributions during the calendar year (flush language                  
          following section 408(d)(2)(C)).                                            
               Petitioner has failed to provide any evidence as to the                
          source, year, or amount of the contributions to the Prudential              
          account.  Without such evidence we cannot find that any amount              
          distributed to petitioner from the Prudential account is a return           
          of his investment in the account.                                           







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