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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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