- 5 - Petitioner Respondent 1. Total distributions received in 1999 $37,477.26 $38,422.50 2. Cost in the plan (i.e., investment in the contract) 57,665.65 18,905.42 4. Cost divided by 240 month recovery period (monthly exclusion) 240.27 78.77 5. Multiplied by 12 (yearly exclusion) 2,883.24 945.24 9. Taxable distributions received in 1999 (line 1 minus line 5) 34,594.02 37,477.26 There are two points of contention between petitioner and respondent--the amounts reflected on lines 1 and 2. The remaining lines in the calculation are computational and are based upon the first two amounts. First, petitioner in his calculation used total distributions (line 1) of $37,477.26, rather than the $38,422.50 used by respondent. Petitioner has agreed that the latter amount represents the total distributions he received in 1999, thus respondent’s use of this amount in his calculation is correct. Second, petitioner used a total cost in the plan, or investment in the contract (line 2), of $57,665.65. The amount used by petitioner represents the total contributions petitioner made to the plan, using both taxed and untaxed funds. However, a taxpayer’s investment in a contract generally includes only the amount of after-tax contributions and does not include pre-tax contributions. Sec. 72(f). Thus, the amount of $18,905.42 used by respondent--the amount representing only those contributions which were made using previously taxed funds--is the correct amount. 2(...continued) the law. Dixon v. United States, 381 U.S. 68 (1965); Automobile Club v. Commissioner, 353 U.S. 180 (1957).Page: Previous 1 2 3 4 5 6 7 8 Next
Last modified: May 25, 2011