Key legal question
How should the temporary annuity be qualified for federal income tax purposes: life annuity or pure capital annuity?
Extracted holding
The payments were life annuities, not pure capital annuities, because the contract retained an insurance risk and an excess-participation element.
Extracted reasoning
The contract depended on the insured persons being alive, ended only upon both deaths, and was priced on actuarial data. Its duration and the insureds' ages did not create an exceptional case allowing treatment as a certain annuity.