- 2 - Unless otherwise indicated, all section references are to the Internal Revenue Code in effect for the year in issue, and all Rule references are to the Tax Court Rules of Practice and Procedure. After settlement of some issues, the primary issue for decision is whether direct transfer of a portion of funds invested in an annuity contract into another annuity contract qualifies as a nontaxable exchange under section 1035. FINDINGS OF FACT Some of the facts have been stipulated and are so found. When the petition was filed, petitioner resided in Minneapolis, Minnesota. Exchange of Portion of Annuity Contract In 1992, petitioner purchased from Fortis Benefits Insurance Co. (Fortis) an annuity contract for a total purchase price of $195,643 (Fortis annuity contract). Payments under the Fortis annuity contract would not begin until February 4, 2029. In 1994, petitioner requested Fortis to withdraw $119,000 from the Fortis annuity contract and to issue a check in favor of, and to transfer the funds directly to, Equitable Life Insurance Co. of Iowa (Equitable) for purchase of a new annuity contract from Equitable (Equitable annuity contract). Pursuant to petitioner's request, Fortis debited petitioner's annuityPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: May 25, 2011