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MONCURE v. ATLANTIC LIFE INS. CO.

No. 2995.

44 F.2d 167 (1930)

MONCURE v. ATLANTIC LIFE INS. CO.

Circuit Court of Appeals, Fourth Circuit.

October 21, 1930.

Attorney(s) appearing for the Case

Edward H. Horton, Atty., Bureau of Internal Revenue, of Washington, D. C. (Paul W. Kear, U. S. Atty., of Norfolk, Va., and C. M. Charest, Gen. Counsel, Bureau of Internal Revenue, of Washington, D. C., on the brief), for appellant.

Andrew D. Christian, of Richmond, Va., for appellee.

Before PARKER and NORTHCOTT, Circuit Judges, and SOPER, District Judge.

PER CURIAM.

This is an appeal in an action at law instituted in the court below to recover excess profits taxes assessed and collected for the calendar year 1917 from the Atlantic Life Insurance Company. That company is a stock life insurance company doing business on the level premium plan and issuing both participating and non-participating policies. It is required by law to maintain a reserve of assets for the protection of its policy holders; and the sole question...

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