Key legal question
Whether the insurance payout was taxable as a deemed dividend to a closely related shareholder or as occupational-pension capital.
Extracted holding
The payout itself was not a deemed dividend; it stemmed from an independent pension foundation and had to be treated as an occupational-pension capital benefit.
Extracted reasoning
The policyholder was the foundation, not the employer company. The employer had no dispositive control over the policies or beneficiary clause, so the payout could not be attributed to the company as a shareholder-related benefit.