Barbara E. Seaman - Page 15




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          dent’s response), respondent alleges that petitioner was able to            
          withdraw during 2003 the 2003 interest on petitioner’s Prudential           
          policy dividend accumulations and the 2003 interest on peti-                
          tioner’s USAA policy dividend accumulations without surrendering            
          the policies in question.  However, respondent maintains in that            
          response that, in order to establish that allegation, “testimony            
          from a representative of the insurance companies is necessary”.             
          Thus, according to respondent, a genuine issue of material fact             
          exists “concerning whether the petitioner could have withdrawn              
          the interest in 2003, without surrendering the life insurance               
          policies.”                                                                  
               In petitioner’s reply to respondent’s response (petitioner’s           
          reply), petitioner modifies her position in petitioner’s motion             
          that she was required to surrender the policies in question in              
          order to have withdrawn during 2003 the 2003 interest on peti-              
          tioner’s Prudential policy dividend accumulations and the 2003              
          interest on the USAA policy dividend accumulations.  In peti-               
          tioner’s reply, petitioner acknowledges that surrendering those             
          policies was not the only way for her to have been able to make             
          such withdrawals of such interest.  In that reply, petitioner               
          concedes that “there are provisions under which dividends can be            
          withdraw[n] with the associated interest.”  However, according to           
          petitioner,                                                                 
               While dividends can be withdrawn with the associated                   
               interest, the reverse is not true.  Interest cannot be                 






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