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Level 3
March 11, 2020
Question

Life Insurance Surrender - On a 1099 MISC

  • March 11, 2020
  • 11 replies
  • 38 views

My client received a 1099-MISC with $50,000 in box 3 (Other Income).  Here are the facts:

1.  The 1099 was from his fathers company

2.  The company had purchased a life insurance policy on him years ago

3.  His father is still alive, the company just determined they no longer needed the policy

4.  The policy was for $150K and had earned $60K.  The company kept the $60K and split the $150K between my client and his siblings (their father is well off and didn't need the money)

Is this total amount taxable and reported as "Other Income" on his 1040?

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11 replies

IRonMaN
Level 15
March 11, 2020

That sounds like a pretty good place for it.

Slava Ukraini!
BobKamman
Level 15
March 11, 2020

It looks a lot like "assignment of income" to me.  The company should pay the tax, not your client.  Then if it's a constructive dividend to the father, he should file a gift tax return also.  

IRonMaN
Level 15
March 11, 2020

I was a little curious what they coded that expense to  😀

Slava Ukraini!
acagwinscAuthor
Level 3
March 11, 2020

I'm a little curious about alot with them after this!