Abilene Life Ins. v. Commissioner

Fifth Circuit

Abilene Life Ins. v. Commissioner

137 F.2d 191, 31 A.F.T.R. (P-H) 378, 1943 U.S. App. LEXIS 2782

CourtCourt of Appeals for the Fifth Circuit

DecidedJuly 15, 1943

DocketNo. 10629

StatusPublished

Cited by2 cases

This text of 137 F.2d 191 (Abilene Life Ins. v. Commissioner) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Abilene Life Ins. v. Commissioner, 137 F.2d 191, 31 A.F.T.R. (P-H) 378, 1943 U.S. App. LEXIS 2782 (5th Cir. 1943).

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Opinion

WALLER, Circuit Judge.

The issues, contentions, and proceedings here are practically identical with the issues, contentions, and proceedings in the case of General Life Insurance Co. v. Commissioner of Internal Revenue, 5 Cir., 137 F.2d 185, and is governed by the decision in the latter case, rendered July 8, 1943. We hold that, for federal income tax purposes, Petitioner is a life insurance company within the purview of Secs. 201(a) and 202(b) of Internal Revenue Code, 26 U.S.C.A. Int.Rev.Code, §§ 201(a), 202(b), and that Petitioner is not a Benevolent Life Insurance Association of a purely local nature within the exemption of Sec. 101(10), Internal Revenue Code, 26 U.S.C.A. Int.Rev.Code, § 101(10).

Reversed.

HOLMES, Circuit Judge, dissents for the reasons given in the case of General Life Insurance Co., v. Commissioner of Internal Revenue, 5 Cir., 137 F.2d 185.

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WALLER, Circuit Judge.

The issues, contentions, and proceedings here are practically identical with the issues, contentions, and proceedings in the case of General Life Insurance Co. v. Commissioner of Internal Revenue, 5 Cir., 137 F.2d 185, and is governed by the decision in the latter case, rendered July 8, 1943. We hold that, for federal income tax purposes, Petitioner is a life insurance company within the purview of Secs. 201(a) and 202(b) of Internal Revenue Code, 26 U.S.C.A. Int.Rev.Code, §§ 201(a), 202(b), and that Petitioner is not a Benevolent Life Insurance Association of a purely local nature within the exemption of Sec. 101(10), Internal Revenue Code, 26 U.S.C.A. Int.Rev.Code, § 101(10).

Reversed.

HOLMES, Circuit Judge, dissents for the reasons given in the case of General Life Insurance Co., v. Commissioner of Internal Revenue, 5 Cir., 137 F.2d 185.

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Bluebook (online)

137 F.2d 191, 31 A.F.T.R. (P-H) 378, 1943 U.S. App. LEXIS 2782, Counsel Stack Legal Research, https://law.counselstack.com/opinion/abilene-life-ins-v-commissioner-ca5-1943.

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