1934 BTA LEXIS 1054 | B.T.A. | 1934
Lead Opinion
The first issue is whether or not the petitioner was exempt from tax under section 103(11) of the Eevenue Act of 1928.
The precursor of section 103(11) of the Revenue Act of 1928 was section 11 (a) Tenth of the Revenue Act of 1916. It was reenacted with a slight change in phraseology as section 231 (10) in the Acts of 1918 and 1921, as follows:
Farmers’ or other mutual hail, cyclone, or Are insurance companies, mutual ditch or irrigation companies, mutual or cooperative telephone companies, or like organizations oí a purely local character, the income of which consists solely of assessments, clues, and fees collected from members for the sole purpose of meeting expenses.
See Commercial Health & Accident Co. v. Pickering, 281 Fed. 539. The Committee on Ways and Means struck out the words “ of a purely local character ” in its draft of the Revenue Bill of 1924 and explained:
The words “ of a purely local character ” in paragraph (10) haffe been omitted, since all these mutual organizations should be exempt if their income consists solely of assessments, dues, and fees collected from members for the sole imrpose of meeting expenses. [Report 179, 68th Gong., 1st sess., p. 24.]
This draft was thereafter changed in other respects, but the words “ of a purely local character ” were left out as the Ways and Means Committee had recommended and these words have been left out of all subsequent act’s. See S. Rept. 398, 68th Cong., 1st sess., p. 29; sec. 1013 (b), Revenue Act of 1924, and 65th Cong. Rec., pt. 8, pp. 8104^8108; sec. 231 (11) of the Revenue Act of 1926. The debates and reports on as well as the provisions of the various acts indicate that Congress intended no such limitation as the respondent now contends for. The language of section 103 (11) was intended to exempt from tax mutual casualty insurance companies the income of which is used or held to pay losses or expenses. The rule of ejusdem generis may not be used to misinterpret the intention of Congress when once ascertained. Mid-Northern Co. v. Montana, 268 U. S. 45; Danciger v. Cooley, 248 U. S. 319, 326; United States v. Standard Brewery Co., 251 U. S. 210; United States v. Mescall, 215 U. S. 26, 31.
The deduction and net loss questions need not be decided, since the petitioner is exempt from tax.
Reviewed by the Board.
Decision will be entered for the petitioner.
SEC. 103. EXEMPTIONS FROM TAX ON CORPORATIONS.
The following organizations shall be exempt from taxation under this title—
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(11) Farmers or other mutual hail, cyclone, casualty, or fire insurance companies or associations (including' interinsurers and reciprocal underwriters) the income of which Is used or held for the purpose of paying losses or expenses.