SUN LIFE INS. CO. OF AMERICA v. UNITED STATES

No. 42097.

12 F.Supp. 450 (1935)

SUN LIFE INS. CO. OF AMERICA v. UNITED STATES.

Court of Claims.

November 4, 1935.


Attorney(s) appearing for the Case

Earl Whittier Shinn, of Washington, D. C., for plaintiff.

Guy Patten, of Washington, D. C., and Frank J. Wideman, Asst. Atty. Gen., for the United States.

Before BOOTH, Chief Justice, and GREEN, LITTLETON, WILLIAMS, and WHALEY, Judges.


GREEN, Judge.

The Revenue Act of 1924 contains the provision set out below with reference to the determination of the net income of life insurance companies:

"Sec. 245. (a) In the case of a life insurance company the term `net income' means the gross income less — * * *

"(5) Investment expenses paid during the taxable year: Provided, That if any general expenses are in part assigned to or included in the investment expenses, the total deduction...

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