- 21 - on a “false premise”: “unaccrued unpaid losses are generally not included in 'life insurance reserves' because they are not 'computed or estimated on the basis of recognized mortality or morbidity tables. * * *' Sec. 801(b). * * * Thus, the provisions for 'unpaid losses' need not be superfluous, even if they include only unaccrued unpaid losses.” Harco Holdings, Inc. v. United States, supra at 1036; fn. ref. omitted. The Court of Appeals for the Seventh Circuit also noted that the Court of Appeals for the Ninth Circuit’s reasoning had a “logical flaw”: “If ‘unpaid losses’ means all unpaid losses, and ‘life insurance reserves’ includes unaccrued unpaid losses, then the statute counts unaccrued unpaid losses twice. Thus the court avoided making the provisions for ‘unpaid losses’ superfluous by making them redundant.” Id. at 1036 n.14. The Court of Appeals for the Seventh Circuit concluded: Although we are not persuaded by the Ninth Circuit’s reasoning, * * * we need not reject Occidental Life * * * out of hand. Instead, we note that identical language in sections 806 and 801 need not have the same meaning. Section 806 governs a tax deduction, while section 801 is a definitional provision. Deductions are a matter of legislative grace, to be construed strictly against taxpayers. Definitional provisions, like section 801, get a somewhat more liberal reading. United States v. Consumer Life Ins. Co., 430 U.S. 725, 752-53 n.38, 97 S.Ct. 1440, 1454 n. 38, 52 L.Ed.2d 4 (1977) (restrictive interpretation given to tax deductions should not be applied to section 801); Swift, 151 F.2d at 628-29 (rejecting argument that the predecessor statutes to sections 801 and 806 should be construedPage: Previous 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Next
Last modified: May 25, 2011