Bankers Union Life Ins. Co. v. Commissioner
United States Tax Court
1. Held: Deferred and uncollected premiums, including loading, are includable in "assets" under sec. 805(b)(4), I.R.C. 1954, for purposes of computing the tax on petitioner's investment income (phase I), and in "gross amount of premiums" under sec. 809(c), I.R.C. 1954, for purposes of computing the tax on petitioner's gain from operations (phase II) under the Life Insurance Company Income Tax Act of 1959. Four Courts of Appeals decisions followed.
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1. Held: Deferred and uncollected premiums, including loading, are includable in "assets" under sec. 805(b)(4), I.R.C. 1954, for purposes of computing the tax on petitioner's investment income (phase I), and in "gross amount of premiums" under sec. 809(c), I.R.C. 1954, for purposes of computing the tax on petitioner's gain from operations (phase II) under the Life Insurance Company Income Tax Act of 1959. Four Courts of Appeals decisions followed. Decisions of this Court in Western National Life Insurance Co. of Texas, 50 T.C. 285 (1968), modified 51 T.C. 824 (1969), revd. 432 F. 2d 298 (C.A.…
1Opinion of the Court
Dkgnnen, Judge:
Respondent determined deficiencies in petitioner’s Federal income taxes as follows:
Year Deficiency Year Deficiency
1965 $56, 276. 00 1967 $81,323.00
1966 19,452. 00 1968 26, 876. 50
One issue1 has been conceded by respondent; those remaining for decision, which mostly concern Code sections added by the Life Insurance Company Income Tax Act of 1959,73 Stat. 112, are as follows: (1) Whether petitioner must include net deferred premiums and “loading” thereon in (a) “assets” under section 805(b)(4), I.R.C. 1954,2 and (b) “gross premium income” under section 809(c) (1) ; (2) whether…
2Cases cited34 opinions
- Jack E. Golsen and Sylvia H. Golsen v. Commissioner of Internal RevenueCourt of Appeals for the Tenth Circuit · 1971
- North American Oil Consolidated v. BurnetSupreme Court of the United States · 1932
- Lucas v. American Code Co.Supreme Court of the United States · 1930
- Spring City Foundry Co. v. CommissionerSupreme Court of the United States · 1934
- Woodward v. CommissionerSupreme Court of the United States · 1970
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3Cited by31 opinions
- Estate of Munter v. CommissionerUnited States Tax Court · 1975
- Union Mutual Life Insurance Company, Plaintiff-Appellee-Cross v. United States of America, Defendant-Appellant-CrossCourt of Appeals for the First Circuit · 1978
- Bayer v. CommissionerUnited States Tax Court · 1992
- Northern Life Insurance Company v. United States of America, Northern Life Insurance Company, Plaintiff-Cross v. United States of America, Defendant-CrossCourt of Appeals for the Ninth Circuit · 1982
- Anchor Nat'l Life Ins. Co. v. CommissionerUnited States Tax Court · 1989
26 more not listed; retrieve them via the Exa API.