- 5 - SEC. 72(e)(6). Investment in the contract.--* * * (A) the aggregate amount of premiums or other consideration paid for the contract before such date, minus (B) the aggregate amount received under the contract before such date, to the extent that such amount was excludable from gross income under this subtitle or prior income tax laws. [Emphasis added.] The "date" referred to in this provision is the date of the distribution. Sec. 72(e)(8)(B). Petitioner’s testimony at trial concerning why he issued a check to Goldfinger in the amount of $3,474.71 was confusing; his credibility was also questionable. In any event, it is quite clear that petitioner paid Goldfinger after the date upon which the distribution occurred. Petitioner seems to argue that his ignorance of both the law and the Plan’s existence should somehow operate to pardon his delinquency in contributing to the Plan. We cannot agree. The mechanics of the Internal Revenue Code do not permit such circumvention, and we are without the power to effect a similar result. Accordingly, as the statute is clear, and as there is no evidence that petitioner contributed any amount to the Plan prior to the distribution, we find that petitioner did not have an investment in the contract as defined in section 72(e). Therefore, respondent’s determination as to this issue is sustained.Page: Previous 1 2 3 4 5 6 Next
Last modified: May 25, 2011