FEDERAL LIFE INSURANCE COMPANY v. UNITED STATES

No. 75-1385.

527 F.2d 1096 (1975)

FEDERAL LIFE INSURANCE COMPANY (Mutual), Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided December 24, 1975.


Attorney(s) appearing for the Case

Edward J. Schmuck, Washington, D. C., for plaintiff-appellant.

Scott P. Crampton, Asst. Atty. Gen., and Stephen M. Gelber, Atty., Tax Div., Dept. of Justice, Washington, D. C., Samuel K. Skinner, U. S. Atty., Chicago, Ill., for defendant-appellee.

Before STEVENS, Circuit Justice, RIVES, Senior Circuit Judge, and TONE, Circuit Judge.


PER CURIAM.

This appeal deals with a narrow question: when may a life insurance company deduct, under § 809(d)(12),1 its expenses for commissions associated with premiums which are "deferred and uncollected" at the close of the tax year?

Plaintiff, a life insurance company, filed a suit for refund of taxes allegedly overpaid for the years 1965 and 1966. Although the complaint made somewhat broader claims for relief, it is...

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