Trans City Life Insurance Company, an Arizona Corporation - Page 4

                                        - 4 -                                         
               2.  Whether the two reinsurance agreements at issue had                
          “significant tax avoidance [effects]” under section 845(b), with            
          respect to petitioner.  We hold they did not.2                              
               3.  Whether petitioner may amortize the ceding commissions             
          payable under the reinsurance agreements over the life of the               
          agreements.  We hold it may.                                                
               Unless otherwise indicated, section references are to the              
          Internal Revenue Code in effect for the taxable years in issue.             
          Rule references are to the Tax Court Rules of Practice and                  
          Procedure.  Dollar amounts are rounded to the nearest dollar.               
          The 50-percent ratio described in section 816(a) is referred to             
          as the Life Ratio.3                                                         

          2 This holding moots another issue before us; namely,                       
          whether petitioner's disability insurance policies are                      
          “noncancellable” under sec. 816(a)(2).                                      
          3 Sec. 816 provides in part:                                                
               SEC. 816. LIFE INSURANCE COMPANY DEFINED.                              
                    (a) Life Insurance Company Defined.--For purposes                 
               of this subtitle, the term "life insurance company"                    
               means an insurance company which is engaged in the                     
               business of issuing life insurance and annuity                         
               contracts (either separately or combined with accident                 
               and health insurance), or noncancellable contracts of                  
               accident and health insurance, if--                                    
                         (1) its life insurance reserves (as                          
                    defined in subsection (b)), plus                                  
                         (2) unearned premiums, and unpaid losses                     
                    (whether or not ascertained), on                                  
                    noncancellable life, accident or health                           
                    policies not included in life insurance                           
                    reserves,                                                         
               comprise more than 50 percent of its total reserves (as                
                                                             (continued...)           




Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  18  19  20  Next

Last modified: May 25, 2011