Charles P. Stepnowski - Page 23

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                              (B) The cessation or reduction of Social                
               Security supplements or qualified disability benefits                  
               (as defined in section 411(a)(9)).                                     
          Petitioner has not considered whether the amendment to the                  
          interest rate assumption was made with respect to a distribution            
          form described in section 1.417(e)-1(d)(6), Income Tax Regs.  In            
          particular, petitioner has not argued that the lump-sum payment             
          option provides for a “distribution paid in the form of an annual           
          benefit” described in section 1.417(e)-1(d)(6), Income Tax Regs.            
          Even if petitioner had done so, such an argument would not                  
          persuade us, because a lump-sum payment is not a distribution               
          form described in section 1.417(e)-1(d)(6), Income Tax Regs.                
          Rather, section 1.417(e)-1(d)(6), Income Tax Regs., describes               
          distributions that are paid in certain annuity forms.  This                 
          conclusion is supported by the preamble accompanying the issuance           
          of the final regulations at section 1.417(e)-1(d), Income Tax               
          Regs.  See T.D. 8768, 1998-1 C.B. 1027; see also Armco, Inc. v.             
          Commissioner, 87 T.C. 865, 868 (1986) (“A preamble will                     
          frequently express the intended effect of some part of a                    
          regulation.  As a statement of intent that represents an                    
          institutional viewpoint, such a document might be helpful in                
          interpreting an ambiguity in a regulation.”).  The preamble to              
          those final regulations states, in pertinent part, as follows:              
               Exceptions from the requirements of section 417(e)(3)                  
                    The temporary regulations provided an exception                   
               from the requirements of section 417(e)(3) and sec.                    





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