Magellean Askew, Jr. - Page 5

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          “separation from service”.  Under this option, the form stated              
          that “any indebtedness thereon to the company will be deducted              
          from the cash value.”  Petitioner elected, in the section                   
          entitled “Federal Income Tax Withholding Election for ‘Non-                 
          Eligible Rollover Distributions’”, not to have Federal income tax           
          withheld from the taxable portion of his distribution check.  In            
          response, Americo sent petitioner a letter, dated May 18, 2001,             
          requesting petitioner to:  (1) Clarify whether he wanted a                  
          transfer or a direct distribution; (2) return the policy contract           
          or submit written acknowledgment that the policy had been lost or           
          destroyed; and (3) submit written acknowledgment of the reason or           
          eligibility for a direct distribution under the Technical and               
          Miscellaneous Revenue Act of 1988 (TAMRA, Pub. L. 100-647, 102              
          Stat. 3342) (the options listed were:  Age 59-1/2; separation               
          from service with employer; disability; and financial hardship as           
          defined by the I.R.C.).  On the letter, petitioner marked                   
          “separation from service with employer” and “financial hardship             
          as defined by the I.R.C.” and signed the letter on May 21, 2001.            
          On June 7, 2001, petitioner submitted to Americo another                    
          Surrender Request form certifying that the policy had been lost             
          or destroyed.                                                               
               With regard to the second policy, and similarly with respect           
          to the first policy, petitioner submitted to Americo a Surrender            
          Request form electing a full cash surrender of this policy                  






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