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OXFORD LIFE INS. CO. v. U.S.

No. Civ 84-959 PHX RGS.

682 F.Supp. 1042 (1987)

OXFORD LIFE INSURANCE COMPANY, an Arizona corporation, Plaintiff, v. UNITED STATES of America, Defendant.

United States District Court, D. Arizona.

October 12, 1987.

Attorney(s) appearing for the Case

Stephen M. McNamee, U.S. Atty., Phoenix, Ariz., Daniel F. Ross, Charles R. Lyons, Trial Attys., Tax Div., U.S. Dept. of Justice, Washington, D.C., for defendant.

Theodore R. Groom, John P. McAllister, Groom and Nordberg, Chartered, Washington, D.C., Stephen E. Silver, Brad S. Ostroff, Burch & Cracchiolo, P.A., Phoenix, Ariz., for plaintiff.

ORDER

STRAND, District Judge.

I. INTRODUCTION

This is an action by taxpayer Oxford Life Insurance Company seeking refunds of federal income taxes from the IRS for the years 1975 and 1976. Whether Oxford Life is entitled to these refunds turns on a determination of the income tax treatment of an indemnity reinsurance agreement between Oxford Life and Anchor National Life Insurance Co. ("Anchor").

II. FACTUAL BACKGROUND

On December...

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