Central Reserve Life Corporation and Subsidiaries - Page 13




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          were members of Congress in 1942.  See, e.g., United States v.              
          United Mine Workers, supra at 281-282.                                      
               Life insurance companies became subject to Federal income              
          tax when the Sixteenth Amendment to the United States                       
          Constitution was ratified in 1913.  Before that time, insurance             
          companies which were corporations were subject to an annual                 
          excise tax of 1 percent of their net income over $5,000.  See               
          Federal Corporation Excise Tax Act of 1909, ch. 6, sec. 38, 36              
          Stat. 112.  Unlike other corporations, an insurance company's net           
          income included a deduction for the “net addition, if any,                  
          required by law to be made within the year to reserve funds”.               
          Id.  This deduction was the subject of much litigation by                   
          casualty companies, and the judicial interpretations on the                 
          breadth of that deduction were not always easily harmonized.                
          Compare McCoach v. Insurance Co. of North Am., 244 U.S. 585                 
          (1917) (reserve against unpaid losses was not required by law),             
          with Maryland Cas. Co. v. United States, 251 U.S. 342 (1920)                
          (approving liability reserve for accrued indefinite liabilities             
          and loss claim reserve for other accrued losses).                           
               After the Sixteenth Amendment was ratified, life insurance             
          companies continued to be taxed in the early years of our tax               
          system under the same general rules that applied to noninsurance            
          companies.  Both types of companies were taxed on their gross               
          income, which, in the case of a life insurance company, consisted           





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