SEC. 72. ANNUITIES; CERTAIN PROCEEDS OF ENDOWMENT AND LIFE INSURANCE CONTRACTS.
72(a) GENERAL RULE FOR ANNUITIES. --Except as otherwise provided in this chapter, gross income includes any amount received as an annuity
(whether for a period certain or during one or more lives) under an annuity, endowment, or life insurance contract.
72(b) EXCLUSION RATIO. --
72(b)(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).
72(b)(2) EXCLUSION LIMITED TO INVESTMENT. --The portion of any amount received as an annuity which is excluded from gross income under
paragraph (1) shall not exceed the unrecovered investment in the contract immediately before the receipt of such amount.
72(b)(3) DEDUCTION WHERE ANNUITY PAYMENTS CEASE BEFORE ENTIRE INVESTMENT RECOVERED. --
72(b)(3)(A) IN GENERAL. --If --
72(b)(3)(A)(i) after the annuity starting date, payments as an annuity under the contract cease by reason of the death of an annuitant,
and
72(b)(3)(A)(ii) as of the date of such cessation, there is unrecovered investment in the contract, the amount of such unrecovered
investment (in excess of any amount specified in subsection (e)(5) which was not included in gross income) shall be allowed as a
deduction to the annuitant for his last taxable year.
72(b)(3)(B) PAYMENTS TO OTHER PERSONS. --In the case of any contract which provides for payments meeting the requirements of
subparagraphs (B) and (C) of subsection (c)(2), the deduction under subparagraph (A) shall be allowed to the person entitled to such
payments for the taxable year in which such payments are received.
72(b)(3)(C) NET OPERATING LOSS DEDUCTIONS PROVIDED. --For purposes of section 172, a deduction allowed under this paragraph shall be
treated as if it were attributable to a trade or business of the taxpayer.
72(b)(4) UNRECOVERED INVESTMENT. --For purposes of this subsection, the unrecovered investment in the contract as of any date is --
72(b)(4)(A) the investment in the contract (determined without regard to subsection (c)(2)) as of the annuity starting date, reduced by
72(b)(4)(B) the aggr |