David C. Roark and Estate of Irene Roark, Deceased, David C. Roark, Executor - Page 11

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          insurance policy with the last $20,000 that Roark sent it.  The             
          $160,000 that is still in dispute is the total of $158,000 that             
          NCF made toward the insurance policy, and the $2,000 Roark sent             
          to NCF for administrative fees.                                             
                                       OPINION                                        
               The Commissioner argues that the $160,000 in dispute should            
          be disallowed entirely because it was not properly substantiated            
          by NCF under section 170(f)(8) and section 1.170A-13(f), Income             
          Tax Regs., and because (applying the step-transaction doctrine)             
          the series of interrelated transactions was in substance an                 
          attempted gift of a partial interest in a life insurance policy,            
          and so not deductible under section 170(f)(3).  He also claims              
          that the deduction must at the very least be limited to the                 
          excess of Roark’s contributions over the economic benefit he                
          received.                                                                   
               As we noted at the outset, we have already decided two very            
          similar cases on the first ground that the Commissioner suggests,           
          and our decisions were in both cases affirmed.  Addis v.                    
          Commissioner, 118 T.C. 528 (2002), and Weiner v. Commissioner,              
          T.C. Memo. 2002-153.  Unless these cases can be distinguished,              
          they govern.7                                                               

               7 Roark argues in his brief that Addis was not binding on              
          this Court while it was pending an appeal.  This is wrong.  We              
          are bound by the reviewed decisions of this Court.  Groetzinger             
          v. Commissioner, 82 T.C. 793, 797 n.11 (1984), affd. 771 F.2d 269           
                                                             (continued...)           





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