Best Life Assurance Company of California - Page 10




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            Life Ins. Co. v. Unites States, supra; Alinco Life Ins. Co. v.                             
            United States, supra; Central Reserve Life Corp. & Subs. v.                                
            Commissioner, supra.  But see Prudential Ins. Co. v. United                                
            States, 162 Ct. Cl. 55, 319 F.2d 161, 165-166 (1963).                                      
                  Respondent argues that since Congress did not expressly                              
            distinguish between accrued and unaccrued unpaid losses, the                               
            plain language of section 816 requires that all unpaid losses on                           
            CA&H insurance policies (whether accrued or unaccrued) should be                           
            included in the denominator of the life insurance company                                  
            qualifying fraction.  Use by Congress of the word “unaccrued” in                           
            section 816(b)(1)(B) does suggest that Congress knew how to                                
            distinguish between accrued and unaccrued losses when it wanted                            
            to, and, while respondent's plain meaning argument has some                                
            appeal, we nevertheless recognize the historical context and the                           
            specialized meaning in the LA&H industry of the terms “unpaid                              
            losses” and “reserves”.                                                                    
                  Respondent also argues that under the Golsen rule we should                          
            defer to a statement made in United States v. Occidental Life                              
            Ins. Co., 385 F.2d 1, 6 (9th Cir. 1967), by the Court of Appeals                           
            for the Ninth Circuit (to which an appeal herein would lie) to                             
            the effect that the term “unpaid losses” under former section 806                          
            includes accrued unpaid losses.  See Golsen v. Commissioner, 54                            
            T.C. 742, 757 (1970), affd. 445 F.2d 985 (10th Cir. 1971).                                 








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