Julie J. Revolinski and Kenneth T. White - Page 8

                                        - 7 -                                         
               Petitioners contend that Pacific Life incorrectly computed             
          the amounts on Form 1099-R using the policy’s accumulated value             
          rather than the cash value.  Petitioners argue that the                     
          distributions were withdrawals of petitioner’s investment and               
          that Pacific Life classified the distributions as loans solely              
          for internal bookkeeping purposes.  Petitioners allege that                 
          petitioner withdrew his investment of $14,565 as well as                    
          accumulated interest of $932 by October 1994 and that petitioner            
          received the cash surrender value of $384 in August 2001.  Under            
          their theory, petitioners compute that they received a gross                
          distribution of $15,881 ($14,565 + $932 + $384) and that only the           
          accumulated interest of $1,316 that they actually received is               
          taxable.  Petitioners’ contention is misplaced.                             
               Petitioners now challenge for the first time Pacific Life’s            
          classification of the distributions as true loans.  With respect            
          to each distribution, however, petitioner received a policy loan            
          statement clearly identifying each distribution as a policy loan.           
          In addition, petitioner received annual statements indicating the           
          outstanding loan balance including interest payable and the                 
          effect of the loan balance to the cash surrender value of the               
          policy.  We find it remarkable that petitioners contend that the            
          distributions were not loans when, throughout the life of the               
          policy, petitioner never contacted Pacific Life to dispute                  
          Pacific Life’s classification of the distributions as loans.                






Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  Next

Last modified: May 25, 2011