United States Court of Claims July 18, 1979, No. 172-74 (Lutheran Mutual Life Insurance v. United States)

KASHIWA, Judge,

delivered the opinion of the court:

This action to recover federal income taxes paid by plaintiff for its taxable year 1958 comes before the court on cross-motions for partial summary judgment. The issue presented involves the proper method of calculating a life insurance company’s deduction for dividends to shareholders under I.R.C. § 811(b).