Winn-Dixie Stores, Inc. and Subsidiaries - Page 61




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          loans, petitioner was not barred from taking such deductions                
          prior to 1996.                                                              
               Section 264(a)(3) generally provides that no deduction is              
          allowed for amounts paid or accrued on indebtedness incurred to             
          purchase a life insurance contract if such debt was incurred                
          pursuant to a plan of purchase which contemplates the systematic            
          borrowing of increases in the cash value of the insurance                   
          contract.  Section 264(c)(1) provides an exception to the general           
          rule under section 264(a)(3).  Section 264(c)(1) provides that if           
          no part of any four annual premiums due in the first 7-year                 
          period of an insurance contract is financed by means of                     
          indebtedness, then the general rule of section 264(a)(3) will not           
          apply.47                                                                    


               47In pertinent part, sec. 264(a) provides:                             
               SEC. 264(a) General Rule.--No deduction shall be                       
               allowed for--                                                          
                        *     *     *     *     *     *     *                         
                         (3) Except as provided in subsection                         
                    (c), any amount paid or accrued on                                
                    indebtedness incurred or continued to                             
                    purchase or carry a life insurance,                               
                    endowment, or annuity contract (other than a                      
                    single premium contract or a contract treated                     
                    as a single premium contract) pursuant to a                       
                    plan of purchase which contemplates the                           
                    systematic direct or indirect borrowing of                        
                    part or all of the increases in the cash                          
                    value of such contract (either from the                           
                    insurer or otherwise).                                            






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