- 4 - relates to the taxation of annuities and certain proceeds of endowment and life insurance contracts. Section 72(e) is applicable to amounts received under an annuity contract but which are not received as an annuity. The distribution received by petitioner falls into this category. Sec. 1.72-2(a)(1), Income Tax Regs. Under the general rule, amounts received before the annuity starting date are included in income to the extent such amounts are allocable to income on the contract, and not included in income to the extent such amounts are allocable to the investment in the contract. Sec. 72(e)(2)(B). Section 72(c)(4) defines the annuity starting date as the first day of the first period for which an amount is received as an annuity under the contract. The record indicates that the distribution petitioner received in July 1989 was the first and only distribution that petitioner received from the Plan. The record also indicates that the distribution at issue was not received as an annuity, but rather as a lump-sum distribution of the balance of petitioner’s account. The record further indicates that the distribution occurred prior to the annuity starting date. Thus, section 72(e)(2)(B) applies. Under section 72(e)(2)(B), amounts which are allocable to the investment in the contract will not be included in income. Section 72(e)(6) defines investment in the contract as of any date as:Page: Previous 1 2 3 4 5 6 Next
Last modified: May 25, 2011