Court of Appeals for the Ninth Circuit February 11, 2002, 00-71082 (Best Life Assurance Company of California v. Commissioner of Internal Revenue)

OPINION

TALLMAN, Circuit Judge.

The Commissioner of Internal Revenue challenges the Tax Court’s determination that, because the term “unpaid losses” in Internal Revenue Code (“I.R.C.” or “Code”) § 816(c)(2) includes only unac-crued unpaid losses, taxpayer Best Life Assurance Company of California (“Best”) qualifies as a life insurance company under § 816(a).