Legal Opinion
Industrial Life Insurance Company v. United States
Court of Appeals for the Fourth Circuit
Decided July 3, 1973No. 72-1693PublishedCited by 5 opinions
1Per curiam
We see no error in the district court’s dismissal of taxpayer’s suit for a refund of taxes.
The district court, 344 F.Supp. 870, correctly determined, as a matter of fact, that taxpayer was not a “life insurance company” within the meaning of 26 U.S.C. § 801(a), because it was not an “insurance company” within the meaning of Treasury Regulation 1.801-3(a). We think the regulation valid and simply a restatement of existing law. Bowers v. Lawyers Mortgage Co., 285 U.S. 182, 52 S.Ct. 350, 76 L.Ed. 690 (1932). The regulation does not conflict with the McCarran Act, 15 U.S.C. § 1011 et seq.,…
2Cases cited3 opinions
- Bowers v. Lawyers Mortgage Co.Supreme Court of the United States · 1932
- Inland Terminals, Inc. v. United StatesCourt of Appeals for the Fourth Circuit · 1973
- Industrial Life Insurance Co. v. United StatesDistrict Court, D. South Carolina · 1972
3Cited by5 opinions
- Security Industrial Insurance Company v. United StatesCourt of Appeals for the Fifth Circuit · 1983
- Hanover Insurance Company, Successor in Interest to Massachusetts Bonding and Insurance Company v. Commissioner of Internal RevenueCourt of Appeals for the First Circuit · 1979
- Hanover Ins. Co. v. CommissionerUnited States Tax Court · 1976
- Albert W. Turner and Therese L. Turner v. Commissioner of Internal Revenue, Albert W. Turner and Therese L. Turner v. Commissioner of Internal RevenueCourt of Appeals for the Fourth Circuit · 1976
- Hanover Ins. Co. v. CommissionerUnited States Tax Court · 1976