Legal Opinion

W. H. Luquire Burial Ass'n v. Commissioner

United States Board of Tax Appeals

Decided October 7, 1937No. Docket Nos. 79097, 79098Published

A corporation issuing burial insurance policies under which, for a stipulated periodical premium, it agrees to furnish a burial to the insured of a certain retail value upon his death, which is required to set aside a reserve for the fulfillment of its contractual obligations, determined by the Insurance Commissioner of the State of Alabama, who regulates its conduct and to whom it is required to file annual reports, is a "life insurance company" within the meaning of the…

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A corporation issuing burial insurance policies under which, for a stipulated periodical premium, it agrees to furnish a burial to the insured of a certain retail value upon his death, which is required to set aside a reserve for the fulfillment of its contractual obligations, determined by the Insurance Commissioner of the State of Alabama, who regulates its conduct and to whom it is required to file annual reports, is a "life insurance company" within the meaning of the Revenue Acts of 1928 and 1932, as that term is defined in section 201 of said acts.

1Opinion of the Court

W. H. LUQUIRE BURIAL ASSOCIATION COMPANY, INCORPORATED, PETITIONER, v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT.

LIQUIRE FUNERAL HOMES AND INSURANCE COMPANY, INC., PETITIONER, v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT.

W. H. Luquire Burial Ass'n v. Commissioner

Docket Nos. 79097, 79098.

United States Board of Tax Appeals

36 B.T.A. 621; 1937 BTA LEXIS 681;

October 7, 1937, Promulgated

A corporation issuing burial insurance policies under which, for a stipulated periodical premium, it agrees to furnish a burial to the insured of a certain retail value upon his death, which is required to set…

2Cases cited16 opinions

  1. Commonwealth v. WetherbeeMassachusetts Supreme Judicial Court · 1870
  2. State ex rel. Fishback v. Globe Casket & Undertaking Co.Washington Supreme Court · 1914
  3. State v. WillettIndiana Supreme Court · 1908
  4. State ex rel. Coleman v. Wichita Mutual Burial Ass'nSupreme Court of Kansas · 1906
  5. Fikes v. StateMississippi Supreme Court · 1905

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