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lives) under an annuity, endowment or life insurance contract.8
No provision of section 72 supports the position taken by
petitioners in this case.
Over the 3-year period in issue, petitioners excluded a
total of $31,911.84 from the annuity distributions petitioner
received from OPM. Exclusions from income cannot be implied, but
must be unambiguously proven. Cf. United States v. Wells Fargo
Bank, 485 U.S. 351 (1988). This petitioners have failed to do.
As previously stated, petitioners have not called our attention
to any authority, and we know of none, that would permit them to
exclude any portions of petitioner's annuity distributions from
their income for the years in issue. Accordingly, respondent's
determination increasing petitioners' income for the years 1989,
1990, and 1991, as set forth above is sustained, except to the
extent set forth supra in note 6.
To reflect the foregoing,
Decision will be entered
under Rule 155.
8Petitioners do not claim that they are entitled to exclude
portions of the annuity distributions in dispute in accordance
with sec. 72(b). According to OPM, petitioner would have
recovered his contributions many years before the years in issue.
We assume petitioner, pursuant to a prior version of sec. 72(b),
would have appropriately excluded from income the annuity
distributions that represented the recovery of his contributions.
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