- 21 - In Cohen v. Commissioner, 39 T.C. 1055 (1963), we consid- ered, inter alia, the precise issue presented in the instant case. The pertinent provisions of the respective insurance policies involved in Cohen are materially the same as the perti- nent provisions of the respective policies involved here.8 In Cohen v. Commissioner, supra, we applied the above-quoted respec- tive regulations under sections 61 and 451 in determining whether the respective amounts of interest on certain dividend accumula- tions under the insurance policies involved there were includible in the gross income of the taxpayer for the taxable year in which such interest was credited or earned. In holding that such amounts of interest were so includible, we stated: With regard to amounts earned by petitioner on dividends left on deposit with the respective insurance companies, we find that such amounts are properly denoted as interest and, upon the periodic crediting of such interest to the account of the petitioner by the respective insurance companies, was subject to his 8One of the policies involved in Cohen v. Commissioner, 39 T.C. 1055 (1963), provided in pertinent part: “Under the Accumulation plan, Dividends are retained by the Company and accumulated at Interest, compounded yearly * * *. The Accumulation may be withdrawn within thirty-one days after the end of any Policy year during the whole of which this Policy shall have been in force * * *.” Id. at 1056. Another of the policies involved in Cohen provided in pertinent part: “surplus distributions [policyholder dividends] may be * * * left on deposit with the Company to accumulate with interest * * *, payable with proceeds of the policy or withdrawable in cash on demand”. Id. at 1057. The remaining policy involved in Cohen provided in pertinent part: “Each * * * dividend, at the option of the Owner, shall be * * * left with the Company to accumulate, with interest * * *, and payable at maturity or on demand.” Id. at 1058.Page: Previous 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 NextLast modified: November 10, 2007