Julie J. Revolinski and Kenneth T. White - Page 11

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               The distribution at issue resulted from petitioner’s                   
          surrender of the policy.  As stated earlier, section 72(e)(5)               
          applies to the surrender of a life insurance contract.  See sec.            
          72(e)(5)(E).  In contrast, section 72(e)(3) applies only to the             
          computation of annuities under section 72(e)(2)(B).  In fact,               
          section 72(e)(5)(A) specifically provides that section                      
          72(e)(2)(B) shall not apply.  Consequently, the computation under           
          section 72(e)(3)(A) is not applicable.                                      
               For the reasons stated herein, we hold that petitioners                
          received a taxable distribution of $8,944 resulting from                    
          petitioner’s surrender of the policy.  Accordingly, we sustain              
          respondent’s determination.                                                 
          Conclusion                                                                  
               We have considered all of the other arguments made by                  
          petitioners, and, to the extent that we have not specifically               
          addressed them, we conclude they are without merit.                         
               Reviewed and adopted as the report of the Small Tax Case               
          Division.                                                                   
               To reflect the foregoing,                                              


                                                  Decision will be                    
                                             entered for respondent.                  









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