- 5 - termination of petitioners’ policies are not in dispute. The only issue is whether these amounts are includable in petitioners’ gross income as amounts received within the meaning of section 72(e). Noting that very little cash was paid directly to them upon cancellation of the policies, petitioners argue that the amounts at issue represent merely “paper transactions” on the books of the insurance companies. They argue that, in borrowing against the policies, they were borrowing their own money, and that capitalized interest on the loans merely increased their investments in the contracts. We disagree. Petitioners’ insurance contracts, by their terms, treated the policy loans, including capitalized interest, as bona fide indebtedness. For Federal income tax purposes, their policy loans constituted true loans, rather than cash advances, and were not taxable distributions when received. See Minnis v. Commissioner, 71 T.C. 1049, 1057 (1979).2 The capitalized interest on these loans is properly treated as part of the principal of this indebtedness. See Allan v. Commissioner, 86 2 Subsequent to the decision in Minnis v. Commissioner, 71 T.C. 1049 (1979), which dealt specifically with loans under an annuity contract, Congress enacted sec. 72(e)(4), which generally treats loans under annuity contracts as taxable distributions. Tax Equity and Fiscal Responsibility Act of 1982, Pub. L. 97-248, sec. 265(a), 96 Stat. 544. Loans under life insurance contracts and endowment contracts (other than modified endowment contracts) are excepted from this treatment. See sec. 72(e)(5)(A)(i).Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011