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her checking account at Bank of America (petitioner’s Bank of
America checking account)3 any payments that Sun Life made to her
under decedent’s fixed annuity contract.
On July 17, 2001, Sun Life received an undated letter from
petitioner with respect to decedent’s fixed/variable annuity
contract (petitioner’s July 17, 2001 letter with respect to
decedent’s fixed/variable annuity contract). In that letter,
petitioner elected what she referred to as a “lump sum death
benefit payment” under decedent’s fixed/variable annuity contract
and requested that Sun Life “not withhold any taxes from this
distribution.” Petitioner enclosed with petitioner’s July 17,
2001 letter with respect to decedent’s fixed/variable annuity
contract, inter alia, petitioner’s 2001 Form W-4P for decedent’s
fixed/variable annuity contract, including instructions to such
form, and a form entitled “Direct Deposit Authorization” in which
petitioner directed Sun Life to deposit directly into her Bank of
America checking account any payments that Sun Life made to her
under decedent’s fixed/variable annuity contract.
On November 16, 2001, the plan administrator of decedent’s
fixed annuity contract and decedent’s fixed/variable annuity
contract sent to Sun Life a letter (A.G. Edwards November 16,
2001 letter) with respect to both of those contracts, which Sun
3Before decedent died, petitioner’s Bank of America checking
account was a checking account maintained by both decedent and
petitioner.
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Last modified: May 25, 2011