- 2 - year (term) life insurance on his or her life. Premiums on the underlying insurance policies were substantially greater than the cost of term life insurance because they funded both the cost of term life insurance and credits which would be applied to conversion universal life policies of the individual insureds. The credits applied to a conversion policy were “earned” on that policy evenly over 120 months, meaning that policyholders generally could withdraw any earned amount or borrow against it with no out-of- pocket expense. Held: The corporate employer/participants (N and L) may not deduct contributions to their plans in excess of the cost of term life insurance. Held, further, L may deduct payments made outside its plan for life insurance on two of its employees to the extent the payments funded term life insurance. Held, further, neither M, a sole proprietorship/participant, nor N may deduct contributions to its plan to purchase life insurance for certain nonemployees. Held, further, sec. 264(a)(1), I.R.C., precludes M from deducting contributions to its plan to purchase life insurance for its two employees. Held, further, in the case of N and L, the disallowed deductions are constructive dividends to their employee/owners. Held, further, Ps are liable for the accuracy- related penalties for negligence or intentional disregard of rules or regulations determined by R under sec. 6662(a), I.R.C.; L also is liable for the addition to tax for failure to file timely determined by R under sec. 6651(a), I.R.C. Held, further, no P is liable for a penalty under sec. 6673(a)(1)(B), I.R.C. Neil L. Prupis, Kevin L. Smith, and Theresa Borzelli, for petitioners. Randall P. Andreozzi, Peter J. Gavagan, Mark A. Ericson, and Matthew I. Root, for respondent.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011