George and Elam Campbell - Page 13

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            excludable from gross income.  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).                            
                  In determining the taxability of petitioner's IRA                                      
            distribution from Loyola, it is necessary to determine the amount                            
            of the distribution allocable to the "investment in the                                      
            contract".  In dispute in this case is the meaning of the phrase                             
            "aggregate amount of * * * consideration paid for the contract"                              
            found in section 72(e)(6), and whether the phrase encompasses the                            
            excess contribution made by petitioner in the amount of $80,900.                             
            If petitioner's contribution is considered to be an amount paid                              
            in consideration for an IRA and, thus, is an "investment in the                              
            contract", then section 72 would provide a basis for petitioner's                            
            excess contribution and, upon distribution, such amount would be                             
            distributed tax-free.  However, if petitioner's excess                                       
            contribution is not consideration paid for an IRA and, thus, is                              
            not an "investment in the contract", then section 72 would not                               
            provide a basis in petitioner's excess contribution and, upon                                
            distribution, such amount would be taxed in full.                                            
                  The parties agree that the plain meaning of the language in                            
            section 72(e)(6), i.e., "amount of * * * consideration paid for                              
            the contract", would include petitioner's excess contribution.                               





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