Wesley C. and Rhonda A. Wickum - Page 13

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          Revenue Code, the term “life insurance contract” means any                  
          contract that is a life insurance contract “under the applicable            
          law”.4  Since this definition by its terms applies for all Code             
          purposes, we conclude that a “full-time life insurance salesman”            
          as that term is used in section 3121(d)(3)(B) is a person engaged           
          in the sale of “life insurance contracts” as defined in section             
          7702(a).  The question then becomes whether the products that               
          petitioner sold were life insurance contracts under section                 
          7702(a).                                                                    
               The parties dispute what meaning should be given to the                
          phrase “under the applicable law” as used in section 7702(a).               
          Respondent argues that “applicable law” means State law, in this            
          case the law of North Dakota.  Petitioners do not directly offer            
          an interpretation of “applicable law”.  Rather, they argue that             
          the Court should have the discretion to decide what counts as               
          life insurance, keeping in mind the broadly remedial purpose of             
          section 3121(d)(3)(B).  Petitioners further argue that a                    
          particular State should not have the power to affect the                    
          definition of life insurance for purposes of Federal tax law.               
          Petitioners' concerns notwithstanding, we believe Congress                  
          intended to incorporate State law for the definition of “life               
          insurance contract” for purposes of the Code, as evidenced by the           


               4 There are two alternative prerequisites in sec. 7702(a)              
          for qualifying as a life insurance contract that are not relevant           
          to the instant case.                                                        




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