If an annuitant, whose annuity starting date was January 1, 2008, dies before recovering his or her investment in the annuity, any unrecovered investment is recognized as a miscellaneous itemized deduction on the annuitant's tax return for the year of death.

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If the annuitant dies before recovering the investment in the annuity, the remaining investment amount is recognized as a miscellaneous itemized deduction on the final tax return of the annuitant for the year of death.

If an Annuitant, Whose Annuity Starting Date Was January 1