- 7 - taxable in the year of the transaction in the amount of the premium that had been paid and kicked back. Respondent relies on those cases, arguing that the record in this case contains no distinction(s) to cause a result different from the prior cases. Petitioners, who are pro se, argue that they should not have to recognize income because of the following theories: (1) The "market value was nothing because * * * [Royal] was not legal in Idaho and neither was * * * [Schwab]”. (2) Royal was aware of Schwab's illegal rebating scheme and did nothing because it would have had to pay back the premiums to the insured, and it was easier for Royal to "let it ride out than pay back all of the premiums." We agree with respondent. Petitioners' arguments are based on illegality as the reason why they should not be required to recognize income from the insurance transaction. Initially, we note that Royal (insurance company) was licensed in Idaho, and Schwab (agent) was not licensed in Idaho. Petitioners contend that due to either the illegality of rebating and/or the fact that Schwab was not licensed to sell insurance in Idaho, the insurance coverage had no value. We surmise that petitioners are arguing that the illegality would have provided Royal with a defense to paying benefits on the policy in the event that petitioner died while the policy was in force. State law and evidence in the record do not present a defense that Royal could have interposed to a claimPage: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: May 25, 2011