Page:United States Statutes at Large Volume 73.djvu/160

 122

PUBLIC LAW 86-69-JUNE 25, 1959

[73 S T A T.

" (c) GROSS A M O U N T. — For purposes of subsections (b)

(1) and

(2), the following items shall be taken into account: "(1) PREMIUMS.—The gross amount of premiums and other consideration (includingadvancepremiums, deposits, fees, assessments, and consideration in respect of assuming liabilities under contracts not issued by the taxpayer) on insurance and annuity contracts (including contracts supplementary thereto); less return premiums, and premiums and other consideration arising out of reinsurance ceded. Except in the case of amounts of premiums or other consideration returned to another life insurance company in respect of reinsurance ceded, amounts returned where the amount is not fixed in the contract but depends on the experience of the company or the discretion of the management shall not be included in return premiums. "(2) DECREASES I N CERTAIN RESERVES.—Each net decrease in reserves which is required by section 810 or 811(b)(2) to be taken into account for purposes of this paragraph. " (3) OTHER AMOUNTS.—All amounts, not included in comput-

ing investment yield and not includible under paragraph (1) or (2), which under this subtitle are includible in gross income. Except as included in computing investment yield, there shall be excluded any gain from the sale or exchange of a capital asset, and any gain considered as gain from the sale or exchange of a capital asset. " (d) DEDUCTIONS.—For purposes of subsections (b)(1) and (2), there shall be allowed the following deductions: "(1) DEATH BENEFITS, ETC.—All claims and benefits accrued, and all losses incurred (whether or not ascertained), during the taxable year on insurance and annuity contracts (including contracts supplementary thereto). "(2) INCREASES I N CERTAIN RESERVES.—The net increase in reserves which is required by section 810 to be taken into account for purposes of this paragraph. "(3) DIVIDENDS TO POLICYHOLDERS.—The deduction for dividends to policyholders (determined under section 811(b)). "(4) OPERATIONS LOSS DEDUCTION.—The operations loss deduction (determined under section 812). "(5) CERTAIN NONPARTiciPATiNG CONTRACTS.—An amount equal to 10 percent of the increase for the taxable year in the reserves for nonparticipating contracts or (if greater) an amount equal to 3 percent of the premiums for the taxable year (excluding that portion of the premiums which is allocable to annuity features) attributable to nonparticipating contracts (other than group contracts) which are issued or renewed for periods of 5 years or more. For purposes of this paragraph, the term 'reserves for nonparticipating contracts' means such part of the life insurance reserves (excluding that portion of the reserves which is allocable to annuity features) as relates to nonparticipating contracts (other than group contracts). For purposes of this paragraph and paragraph (6), the term 'premiums' means the net amount of the premiums and other consideration taken into account under subsection (c)(1). " (6) GROUP LIFE,

ACCIDENT, AND HEALTH

INSURANCE.—An

amount equal to 2 percent of the premiums for the taxable year attributable to group life insurance contracts and group accident and health insurance contracts. The deduction under this paragraph for the taxable year and all preceding taxable years shall not exceed an amount equal to 50 percent of the premiums for the taxable year attributable to such contracts.

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