Neonatology Associates, P.A., et al - Page 75




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            contributions back.  The premiums paid for the C-group term                                
            policy exceeded by a wide margin the cost of term life insurance.                          
                  We recognize that the conversion credit balance in a C-group                         
            term policy would be forfeited completely were the policy to                               
            lapse and not be converted.  Such was the case, for example, when                          
            Neonatology let Dr. Mall’s Inter-American C-group term policy                              
            lapse on March 15, 1992;29 in that case, Dr. Mall forfeited the                            
            conversion credit balance of $8,585.88.  Petitioners focus on the                          
            possibility and actual occurrence of such a forfeiture and                                 
            conclude therefrom that the premiums are all attributable to                               
            current life insurance protection.  We disagree with this                                  
            conclusion.  The mere fact that a C-group term policyholder may                            
            forfeit the conversion credit balance does not mean, as                                    
            petitioners would have it, that the balance was charged or paid                            
            as the cost of term life insurance.  The current-year insurance                            
            purchased from Inter-American on the life of Dr. Mall cost only                            
            $1,689.85 for the certificate year then ended, and the fact that                           
            Neonatology choose to deposit with Inter-American an additional                            
            $8,216.05 ($9,906 premium less $1,689.85 cost of insurance)                                
            expecting that Dr. Mall would eventually receive that deposit                              

                  29 Other C-group term policies which lapsed during the                               
            Neonatology and Lakewood subject years without conversion were                             
            the other two Inter-American C-group term policies; i.e., the                              
            ones owned by Drs. Hirshkowitz and Desai.  Although petitioners                            
            do not explain why these policies were allowed to lapse without                            
            conversion, we note that the lapse of these policies occurred                              
            right after Inter-American’s forced liquidation.                                           





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