TAXATION - INSURANCE COMPANIES - CONSIDERATIONS FOR ANNUITY CONTRACTS AS PREMIUMS\u27\u27 RECEIVED FOR INSURANCE CONTRACTS

The defendant commissioner of insurance refused to issue to plaintiff insurance company a certificate of authority to do business in Kansas unless plaintiff paid back taxes claimed to be due on considerations received for annuity contracts by the plaintiff, in Kansas, between 1927 and 1938 inclusive. The tax in question was upon all premiums received during the year, but the plaintiff contended the word premiums did not include considerations received for annuity contracts. Plaintiff brought mandamus to compel defendant commissioner to issue a certificate of authority to do business. Held, three judges dissenting, that the word premiums included considerations received for annuity contracts and the certificate had been properly withheld. Equitable Life Assurance Society of United States v. Hobbs, 154 Kan. 1, 114 P. (2d) 871 (1941)