Aetna Life Insurance v. United States

OPINION

SMITH, Chief Judge.

This case comes before the court on defendant’s motion for summary judgment and concerns a tax refund claim for insurance reserve deductions taken in the years of 1961 through 1970.1 Although this case originally entailed a variety of issues, the sole question remaining is whether the insurance reserves at issue fall within the meaning of “life insurance reserves” under I.R.C. § 801(b)(1)(B).2

In its motion, defendant contends that the reserves at issue are not within the definition of “life insurance reserves,” and that plaintiff’s case should, therefore, be…