- 6 - to that time Schwab approached petitioner with another insurance transaction with Columbus Life Insurance Co. (Columbus). The Columbus transaction was for life insurance coverage beginning during 1993 and was, in most respects, substantially similar to the Royal transaction. The Columbus transaction differed from the Royal transaction as to the amount of coverage ($1,000,000 as opposed to $1,250,000), the absence of a document indicating a nonrecourse loan, and in the Columbus transaction petitioner refused to execute a premium check to Columbus. In the Columbus transaction, Schwab paid petitioner's premium directly to Columbus. Petitioners did not report any income in connection with the Royal/Schwab insurance arrangement on their 1991 Federal income tax return. Respondent determined that the $40,653 premium (for 1 year) on the Royal life insurance policy was income to petitioners for 1991. OPINION Transactions substantially similar to the one in this case were considered in Wentz v. Commissioner, 105 T.C. 1 (1995), and Woodbury v. United States, 72 AFTR 2d 93-6140, 93-2 USTC par. 50,528 (D.N.D. 1993), affd. per curiam without published opinion 27 F.3d 572 (8th Cir. 1994). In those cases, taxpayers who had received the benefit of life insurance coverage in situations where the agent kicked back the premium were found to have incomePage: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: May 25, 2011