Estate of Paul C. Gribauskas - Page 17




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          stream without taking into account the nature of the underlying             
          corpus or asset giving rise to the right to payments.  According            
          to the estate:                                                              
               An annuity is generally defined as a right to receive                  
               fixed, periodic payments, either for life or a term of                 
               years, but an annuity exists only by virtue of a corpus                
               invested to produce an income stream for a specified                   
               term pursuant to a contract or other agreement.                        
               Contrary to the suggestion made by the Commissioner                    
               that the Stipulation of Facts regarding the source and                 
               reason for the payments is immaterial, any                             
               determination of the nature of this asset requires an                  
               analysis of the underlying characteristics and factors                 
               that create the right to those payments. * * *                         
               The estate proceeds to offer a litany of features which                
          would characterize what, in the estate’s estimation, would                  
          customarily be understood as an annuity.  As described by the               
          estate, an annuity is purchased for a premium substantially                 
          greater than $1.  The annual installments are then derived from             
          this corpus invested by or for the recipient, such that an                  
          annuity contract provides for the liquidation of an asset.  The             
          amount of the installments, in turn, is a function not only of              
          the invested contribution but also typically of the annuitant’s             
          age, gender, health, and the type of annuity contract purchased.            
          With respect to contract type, options available to the                     
          purchaser, each with a consequent impact on benefit level,                  
          include an immediate or a deferred benefit, a single or an annual           
          premium, a fixed or a variable payment, and a termination of                
          benefits on death or a guaranteed minimum number of installments.           






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