INDIANAPOLIS LIFE INS. CO. v. U.S.

No. 96-3499.

115 F.3d 430 (1997)

INDIANAPOLIS LIFE INSURANCE COMPANY and subsidiary, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided May 20, 1997.

Rehearing Denied July 18, 1997.


Attorney(s) appearing for the Case

Theodore J. Nowacki, Bose, McKinney & Evans, Indianapolis, IN, Theodore R. Groom, Robin L. Greenhouse, Groom & Nordberg, Washington, DC, Matthew J. Zinn (argued), J. Walker Johnson, Steptoe & Johnson, Washington, DC, for Plaintiff-Appellant.

Judith A. Stewart, Office of United States Attorney, Indianapolis, IN, David I. Pincus (argued), Edward T. Perelmuter, Department of Justice, Tax Division, Appellate Section, Washington, DC, Janet Reno, U.S. Attorney General, Office of United States Attorney General, Washington, DC, for Defendant-Appellee.

John G. Kester, James T. Fuller, III, Dan S. Sokolov, Williams & Connolly, Washington, DC, for Amicus Curiae First Allmerica Financial Life Insurance Company.

William B. Harman, Jr., Davis & Harman, Washington, DC, for Amicus Curiae Stock Company Information Group.

Before EASTERBROOK, KANNE, and EVANS, Circuit Judges.


EASTERBROOK, Circuit Judge.

Life insurance companies invest their premium income. Some of the earnings are held in reserve to pay the death benefits or annuities promised in the policies. Earnings in excess of the amounts needed for these purposes may be distributed to holders of whole life or "participating" policies as dividends. These dividends are not taxed at the insurance company level; the insurer is treated like a mutual fund, which passes income through to...

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