- 6 - qualified employer retirement plans. See also sec. 402(a). Section 72(a) reiterates the general rule of inclusion in gross income, unless otherwise provided. Section 72(b),3 however, provides that portions of annuity payments may be excludable from income. The excludable portion of a payment generally is that portion which bears the same ratio to such payment as the “investment in the contract” bears to the expected return under the contract, determined at the time the annuity payments begin. Sec. 72(b)(1). While the term “investment in the contract” is defined generally as “the aggregate amount of premiums or other consideration paid for the contract”, sec. 72(c)(1)(A), contributions made by an employer on behalf of an employee- taxpayer which were not includable in the taxpayer’s gross income generally are not part of the taxpayer’s investment in the contract, sec. 72(f). In 2000, petitioner received $3,146 in survivor annuity payments from the “General Retirement Plan for Employees of 3SEC. 72. ANNUITIES; CERTAIN PROCEEDS OF ENDOWMENT AND LIFE INSURANCE CONTRACTS. * * * * * * * (b) Exclusion Ratio.-- (1) In general.--Gross income does not include that part of any amount received as an annuity under an annuity, endowment, or life insurance contract which bears the same ratio to such amount as the investment in the contract (as of the annuity starting date) bears to the expected return under the contract (as of such date).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: May 25, 2011