Anthony V. and Sandy K. Margavio - Page 5

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          income does not include that part of any amount received as an              
          annuity which bears the same ratio to such amount as the                    
          investment in the contract (as of the annuity starting date)                
          bears to the expected return under the contract (as of such                 
          date).  Sec. 72(b)(1).  This ratio is referred to as the                    
          exclusion ratio.  Sec. 72(b).  Section 72(c), as relevant here,             
          defines the investment in the contract to be the aggregate amount           
          of premiums or other consideration paid for the contract.  The              
          expected return referred to above is determined by multiplying,             
          at the commencement of the annuity, the total of the annuity                
          payments to be received annually by a multiple based on the                 
          annuitant’s age and sex.  Sec. 1.72-5(a)(1), Income Tax Regs.               
               The application of the exclusion ratio to each annuity                 
          payment determines the amount excluded from the gross income of             
          the annuitant and, thus, the amount is not subject to Federal               
          income tax.  This excluded amount represents that part of the               
          annuity payment which accounts for the return of the annuitant’s            
          investment in the annuity.  The exclusion ratio operates to                 
          exclude from gross income taxpayer contributions over the entire            
          period of the annuity.  Kirkland v. Commissioner, T.C. Memo.                
          1994-220.  The tax-free portion of the pension annuity payment is           
          computed using either the Simplified Method or the General Rule.            
          See generally Internal Revenue Service Publication 575, Pension             
          and Annuity Income, and Internal Revenue Service Publication 939,           
          General Rule for Pensions and Annuities.                                    






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