- 10 - (net of the $10,000 surrender fee) were transferred directly into another annuity contract without petitioner having any personal use thereof. In Greene v. Commissioner, 85 T.C. 1024 (1985), an insurance company distributed to the taxpayer all funds invested in an annuity contract qualified under section 403(b).2 Upon receipt, the taxpayer endorsed the check over to another insurance company to purchase another annuity contract qualifying under section 403(b). In Greene, 85 T.C. at 1028, we concluded that the exchange was nontaxable, and we set forth a broad definition of "exchange" within the meaning of section 1035, as follows: We are satisfied, however, that Congress intended the use of the word [exchange] in the broader sense, as where the taxpayer gives up an insurance contract with one company, in order to procure the same or a comparable contract from another company. Viewed from the standpoint of the insured taxpayer, he has simply "exchanged" one policy for another just like it, albeit with two different companies. * * * Petitioner herein exchanged a portion of her annuity contract with Fortis to acquire another annuity contract with Equitable. Petitioner is in essentially the same position after the exchange as she was in before the exchange, and the same 2 Annuity contracts qualifying under sec. 403(b) constitute a form of tax-deferred annuity contracts available to employees of certain tax-exempt organizations.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: May 25, 2011