Question juridique clé
How should the temporary annuity be qualified for federal income tax purposes: life annuity or pure capital annuity?
Solution extraite
The payments were life annuities, not pure capital annuities, because the contract retained an insurance risk and an excess-participation element.
Motifs extraits
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.