Steven H. and Anna J. Jensen - Page 8

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               The policy in this case was a whole life insurance policy.             
          Generally, a whole life insurance policy has a cash surrender               
          value that increases over time as premiums are paid.  The cash              
          surrender value can be distributed to the insured upon the                  
          cancellation, surrender, or termination of the policy before its            
          maturity date.  Upon distribution, a taxable gain may result to             
          the extent that the distribution exceeds the investment in the              
          contract; i.e., the amount of premiums paid for the contract.               
               The record is clear that petitioners canceled the policy and           
          received the cash surrender value of the policy.  Transamerica              
          then calculated the taxable gain on the distribution based on               
          petitioners’ cost basis in the policy.  Petitioners were well               
          aware of the fact that the premiums paid affected their cost                
          basis in the policy and, thus, their taxable gain.  In fact, it             
          appears that petitioners diligently requested Transamerica to               
          recalculate the taxable gain due to employee contributions that             
          may not have been accounted for as a result of the conversion of            
          the term life insurance policies into the policy.  Absent                   
          exceptions not applicable in the instant case, the law is well-             
          settled that a distribution upon the complete surrender of a life           
          insurance contract is includable in gross income to the extent              
          the distribution exceeds the investment in the contract.                    
          Therefore, the distribution of $9,760 is includable in                      








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