- 3 - respect to the five surrendered life insurance policies. Petitioners did not report the distributions of $8,786 from Northwestern on their 1998 Federal income tax return. Respondent determined that petitioners received gross income of $8,786 from the surrender of the five life insurance policies. In general, the Commissioner’s determinations are presumed correct, and the taxpayer bears the burden of proving otherwise. Rule 142(a); Welch v. Helvering, 290 U.S. 111 (1933). Petitioners do not argue the applicability of section 7491(a), and the record reflects that section 7491(a) does not apply. With exceptions not applicable in this case, in general any amount which is received under a life insurance contract before the annuity starting date, and which is not received as an annuity is included in gross income to the extent it exceeds the investment in the contract. Sec. 72(e)(1)(A), (C). This includes any amount received under a contract on its complete surrender. Sec. 72(e)(5)(E)(ii). The investment in the contract is defined generally as the aggregate amount of premiums or other consideration paid for the contract less amounts previously received under the contract, to the extent they were excludable from gross income. Sec. 72(e)(6). Petitioners admit that the proceeds from the surrender of the five life insurance policies are taxable. Petitioners contest the computation by Northwestern of the taxable gain fromPage: Previous 1 2 3 4 5 6 Next
Last modified: May 25, 2011