In re CM Holdings, Inc.
Decision Date | 16 October 2000 |
Docket Number | No. CIV.A. 97-695 MMS.,CIV.A. 97-695 MMS. |
Citation | 254 BR 578 |
Parties | In re CM HOLDINGS, INC., Camelot Music, Inc., G.M.G., Advertising, and Grapevine Records and Tape, Inc., Debtors. Internal Revenue Service, Petitioner, v. CM Holdings, Inc., Respondent. |
Court | U.S. District Court — District of Delaware |
COPYRIGHT MATERIAL OMITTED
Carl Schnee, United States Attorney, and Ellen W. Slights, Assistant United States Attorney, United States Department of Justice, Wilmington, Delaware; Of Counsel: Paula M. Junghans, Acting Assistant Attorney General; Dennis M. Donohue, Special Litigation Counsel; James D. Hill, Special Counsel to the U.S. Department of Justice; Charles M. Ruchelman, Alex E. Sadler, and Joseph A. Sergi, United States Department of Justice, Washington, D.C., for plaintiff.
Pauline K. Morgan, of Young Conaway Stargatt & Taylor, LLP, Wilmington, Delaware; Of Counsel: Michael I. Saltzman, Lawrence M. Hill, and Richard A. Nessler, White & Case LLP, New York City; Francis A. Vasquez, Jr., Jennifer L. Chapin, Charles C. Doumar, and Michael D. Levin, White & Case LLP, Washington, D.C., for defendant.
Congress has long favored the life insurance industry by giving favorable tax treatment to two components of life insurance policies. First, a death benefit paid out on a life insurance policy is received by the beneficiary free of income tax. Second, income taxes are deferred, and in some cases never paid, on the cash value built-up inside a life insurance policy. Combined with this favorable tax treatment of life insurance policies, interest on many types of loans, including life insurance policy loans, is tax deductible provided certain statutory criteria are met.
One can readily appreciate that these tax advantages have invited talented actuaries to design life insurance policies which approach becoming tax driven investment vehicles and/or tax shelters, which were never intended by Congress to receive favorable life insurance tax benefits. Over the years, Congress has limited, but not eliminated, these tax advantages in an attempt to curb the use of life insurance policies as investment vehicles. In addition, courts have applied the sham transaction doctrine to deny tax benefits where the life insurance policies have as their sole purpose the creation of tax deductions. Thus, Congress and the courts have stepped in when life insurance policies have crossed the line separating insurance against an untimely death and tax driven or tax sheltering investments.
The Internal Revenue Service ("IRS") calls upon the Court to determine whether a particular set of life insurance policies has crossed this line. The policies at issue, known as COLI VIII policies, were underwritten by the Mutual...
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