Commissioner of Internal Revenue v. Pacific Mutual Life Insurance Company

JERTBERG, Circuit Judge:

Before us is a petition by the Commissioner of Internal Revenue to review a decision of the Tax Court of the United States 1 involving income taxes for the years 1958 through 1961, holding that the guaranteed renewable accident and health insurance contracts issued by the taxpayer, Pacific Mutual Life Insurance Company, were “issued or renewed for periods of five years or more” within the purview of Sec. 809(d) (5) of the Internal Revenue Code of 1954.

The following summary of facts is taken from the petitioner’s opening brief, to which taxpayer offers no dissent in its…