- 23 - (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.Page: Previous 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Next
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