Neonatology Associates, P.A., et al - Page 62




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            relevant years.  Dr Lo’s participation in the plan was                                     
            inconsistent with the terms thereof.                                                       
                  On April 28, 1994, the Marlton Plan purchased from Southland                         
            Life Insurance Co. (Southland) a $3.2 million flexible premium                             
            adjustable life insurance policy (certificate No. 0600008928) on                           
            the life of Dr. Lo, age 52, and it paid Southland a $158,859                               
            premium on the policy during that year.22  Dr. Lo’s death                                  
            beneficiary was an irrevocable trust by and between him and Ms.                            
            Lo, as grantors, and Edward Lo as trustee.  The policy’s cash                              
            value (i.e., its accumulation value23 less surrender charges)                              
            could be obtained by surrendering the policy, but the product was                          
            designed to access that value by borrowing it through a “wash                              
            loan” (i.e., a loan for which the interest rate charged thereon                            
            equaled the interest rate earned on the policy).  The Southland                            
            policy’s accumulated value was $154,483 on December 28, 1994, its                          
            surrender charge for that year was $68,800, and the interest                               
            credited to the policy during that year approximated $5,046.96.                            
            For 1994, a $3.2 million term insurance policy on the life of Dr.                          
            Lo would have cost approximately $9,255.05.                                                


                  22 Under the terms of the policy, after Southland received                           
            an initial premium payment of $98,859, a minimum monthly premium                           
            payment of $3,738.33 was required to prevent the policy from                               
            lapsing during the first 5 years.                                                          
                  23 The accumulation value equaled the total premiums paid                            
            plus commercial interest less the cost of term insurance and                               
            administrative expenses.                                                                   





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