Winn-Dixie Stores, Inc. and Subsidiaries - Page 44




                                       - 44 -                                         

          overall plan that projected costs and benefits for each year over           
          a 60-year period.  See appendixes A and B.  Petitioner also                 
          recognized that circumstances might well change during that                 
          period that would cause it to modify or terminate the plan.  In             
          fact, the COLI plan was impacted by legislation in 1996, and the            
          COLI policies were terminated in 1997.  However, for the first 2            
          years, the COLI plan was followed and it produced results that              
          were consistent with plan projections.38  We will, therefore,               
          examine the economic substance of the COLI transactions by                  
          analyzing the projections that reflect the plan.                            
               Shortly after having been approached by WJ/Coventry                    
          regarding proposals for COLI to be purchased from AIG, petitioner           
          decided that it was interested in what was described as a "zero-            
          cash strategy".  This strategy was based on an elaborate plan               
          involving the purchase of life insurance on the lives of over               
          36,000 of petitioner's then current employees.  The plan was                
          complex and depended upon relationships between many factors,               
          including number of lives insured, premium levels, policy                   
          expenses, rates of interest to be charged and credited, policy              
          loans, cash surrender values, withdrawals from cash surrender               


               38The instant case involves deductions for accrued interest            
          and fees in the first plan year.  The first year of the COLI                
          insurance began on Mar. 1, 1993, and ended on Feb. 28, 1994.  The           
          deductions in issue were based on an allocation of the interest             
          and fees that had accrued during petitioner's taxable year ended            
          June 30, 1993.                                                              




Page:  Previous  34  35  36  37  38  39  40  41  42  43  44  45  46  47  48  49  50  51  52  53  Next

Last modified: May 25, 2011