- 4 - When National Western terminated petitioner wife’s policy, her outstanding loan balance was $73,274.49. National Western issued petitioner wife a Form 1099-R, reflecting a taxable gain of $23,274.49, which the company computed as the outstanding loan balance of $73,274.49, less her investment in the contract of $50,000. On their 1995 joint Federal income tax return, petitioners reported no taxable distributions from their terminated insurance policies. Respondent determined that petitioners had income of $14,843 from the First Colony policy and $23,274 from the National Western policy. OPINION In general, with exceptions not applicable here, any amount which is received under a life insurance contract or endowment contract before the annuity starting date and which is not received as an annuity is included in gross income to the extent it exceeds the investment in the contract. Sec. 72(e)(1)(A), (5)(A), (C). The investment in the contract is defined generally as the aggregate amount of premiums or other consideration paid for the contract less aggregate amounts previously received under the contract, to the extent they were excludable from gross income. Sec. 72(e)(6). The derivation and computation of the amounts reported on the Forms 1099-R by First Colony and National Western uponPage: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011