State Ex Rel. Gully v. Mut. L. Ins. Co.

The taxing statute relied on requires that "all life insurance companies or associations shall pay annually a tax of two and one-fourth (2 1/4) per centum of the gross amount of premium receipts in this state."

The annuity policies are covered in the agreed statement of the facts, a portion of which has been copied in the majority opinion. The decision should turn on the question whether these annuity contracts are life insurance policies. If they are not, then the considerations paid for them are not insurance premium receipts.

The dictionaries in ordinary use, such as Webster and Century,…