Legal Opinion
Travelers Insurance v. United States
United States Court of Claims
Decided January 31, 1992No. Nos. 494-88T, 262-89TPublishedCited by 5 opinions
1Opinion of the Court
OPINION
SMITH, Chief Judge
These consolidated tax refund cases come before the court on defendant’s motion to dismiss for failure to state a claim upon which relief may be granted, pursuant to Rule 12(b)(4) of the Rules of the United States Claims Court. RUSCC 12(b)(4) (1991).
The question before the court is whether prepayment charges1 received by plaintiff, Travelers Insurance Company (Travelers), in relation to early repayment of corporate mortgages, should be taxed as non-insurance investment income or long-term capital gain.2
After extensive briefing by the parties, oral argument and a…
2Cases cited8 opinions
- Conley v. GibsonSupreme Court of the United States · 1957
- Miree v. DeKalb CountySupreme Court of the United States · 1977
- Commissioner of Internal Revenue v. CaulkinsCourt of Appeals for the Sixth Circuit · 1944
- The Prudential Insurance Company of America v. The United StatesUnited States Court of Claims · 1963
- Equitable Life Assurance Soc. of US v. United StatesUnited States Court of Claims · 1960
3 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Buser v. United StatesUnited States Court of Federal Claims · 2009
- Travelers Insurance v. United StatesUnited States Court of Federal Claims · 2000
- Actavis Laboratories, Fl, Inc. v. United StatesUnited States Court of Federal Claims · 2022
- Calloway v. CommissionerUnited States Tax Court · 2010
- Calloway v. CommissionerUnited States Tax Court · 2010