Neonatology Associates, P.A., et al - Page 2




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                  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.                                                           








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