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withdrawn without withdrawing dividends; that means, in
petitioner’s case, that in order to withdraw all of the
interest earned in 2003, petitioner would have had to
request in writing * * * the withdrawal of all the
dividends accumulated since the inception of the poli-
cies. * * * In order to withdraw the 2003 interest of
$191.45 and $435.87, respectively, petitioner would
have had to either surrender the policies for their
cash value of $8,935.93 and $18,656.31, respectively,
or withdraw all of the dividends accumulated over more
than 25 years, amounting to $6,380.81 and $13,267.54 on
the Prudential and USAA policies, respectively. * * *
Petitioner proposes that the restrictions on the with-
drawal of the 2003 interest are sufficiently substan-
tial * * *.
In respondent’s reply to petitioner’s reply (respondent’s
reply), respondent asserts in pertinent part:
petitioner makes two factual misstatements concerning
the terms of the insurance policies. First, the insur-
ance policies do not explicitly or implicitly state
that the petitioner must surrender the insurance poli-
cies in order to obtain interest on the accumulated
dividends. Second, the insurance policies do not
explicitly or implicitly state that the petitioner must
withdraw all of the accumulated dividends for the
entire term of the policies in order to withdraw any of
the interest on the accumulated dividends. There is
absolutely nothing in the insurance policies in support
of the petitioner’s erroneous factual statements. * * *
Respondent maintains in respondent’s reply that a trial is
necessary in order to show that petitioner’s contentions as to
the circumstances under which she was able to withdraw during
2003 the interest at issue are wrong. Thus, according to respon-
dent, there is a genuine issue of material fact not only as to
whether petitioner was able to withdraw during 2003 the interest
at issue without surrendering the policies in question but also
as to whether petitioner was required to withdraw all of the
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