Neonatology Associates, P.A., et al - Page 29




                                               - 29 -                                                  
            the face amount of $67,069.  At the time of conversion, the C-                             
            group term policy’s conversion credit balance was $43,304, and                             
            $41,138.80 of that amount ($43,304 x 95%) was transferred to the                           
            C-group conversion UL policy for potential earning.  Mr. Mall                              
            will earn these credits in 120 equal monthly installments,                                 
            beginning October 1996.  The conversion credits of $41,138.80                              
            equaled the amount referenced in Commonwealth’s table of                                   
            conversion credit values for the following variables:  (1)                                 
            Business issued before February 1, 1993, (2) male, (3) issue age                           
            47, (4) duration of 4 years 7 months, and (5) $500,000 death                               
            benefit.                                                                                   
                  The Neonatology Plan paid no benefits during the relevant                            
            years, and the 1992 and 1993 Forms W-2, Wage and Tax Statements,                           
            that Neonatology issued to Dr. Mall did not report any life                                
            insurance benefits provided to her under the plan.  On their                               
            joint 1992 and 1993 Federal individual income tax returns, the                             
            Malls reported $1,626 and $3,654, respectively, as P.S. 58                                 
            income.17                                                                                  

                  17 The term “P.S. 58" refers to the rates deemed by the                              
            Commissioner to be acceptable in determining the cost of life                              
            insurance protection includable in gross income for a participant                          
            covered by a life insurance contract held in a qualified pension                           
            plan.  See Rev. Rul. 55-747, 1955-2 C.B. 228; see also sec.                                
            1.72-16, Income Tax Regs.; cf. sec. 1.79-3, Income Tax Regs.                               
            (rules generally used to determine the cost of group term life                             
            insurance provided to employee by employer).  See generally sec.                           
            79(a)(1) (employee’s gross income generally does not include the                           
            cost of the first $50,000 of group term life insurance on his or                           
                                                                         (continued...)                





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