Neonatology Associates, P.A., et al - Page 86




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            three instances where the insurance was purchased directly from                            
            Peoples Security, in the year that Lakewood paid Peoples Security                          
            for that insurance.  Petitioners assert that the income is not                             
            taxable to the employee/owners until after the subject years                               
            because the conversion credit balance would be forfeited if the                            
            underlying policy lapsed or if the insured died.  Petitioners                              
            observe that the employee/owners’ ability to withdraw the                                  
            conversion credit balance was limited to the percentage of that                            
            balance that was transferred to the C-group conversion UL policy.                          
            Petitioners observe that the transferred credits could be reached                          
            by an insured only if a C-group term policy was converted to a C-                          
            group conversion UL policy, and then only in equal increments                              
            over 120 months.  Petitioners observe that an insured would                                
            forfeit the transferred credits in the event of his or her death.                          
            Petitioners rely primarily on section 83(a).                                               
                  Respondent argues that the income is taxable currently.                              
            Respondent asserts that the excess contributions purchased                                 
            insurance contracts and annuities for the benefit of the                                   
            employee/owners.  Respondent asserts that the employee/owners had                          
            the unfettered ability to withdraw the conversion credit balances                          
            at their whim.                                                                             
                  We agree with respondent that the dividends are taxable in                           
            the years that he determined.  As mentioned supra, we view                                 
            Neonatology and Lakewood’s excess contributions to their plans as                          






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