State Farm Mutual Automobile Insurance Company and Subsidiaries - Page 6




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             AMT Adjustments and Preference        1987           1989                
                         Items                                                        
                     Nonlife subgroup           $18,508,088    $70,327,213            
                      Life subgroup             915,175        1,361,584              

          The parties have also stipulated that the ATNOL deduction for               
          1987, the total amount of which remains in dispute, will include            
          ($189,367,790) attributable to a nonlife subgroup NOL carryover             
          from 1986.                                                                  
                                     Discussion                                       
          I.  General Rules                                                           
               A.  Life-Nonlife Consolidated Returns                                  
               Prior to enactment of the Tax Reform Act of 1976 (TRA 1976),           
          Pub. L. 94-455, sec. 1507, 90 Stat. 1739, nonlife insurance                 
          companies were prohibited from filing consolidated returns with             
          life insurance companies.  See S. Conf. Rept. 94-1236, at 511               
          (1976), 1976-3 C.B. (Vol. 3) 807, 915.  The restrictions sought             
          to ensure that life insurance companies, traditionally                      
          profitable, paid income tax commensurate with their investment              
          income, undiminished by the losses of often unprofitable property           
          and casualty companies.  Nichols v. United States, 260 F.3d 637,            
          642 (6th Cir. 2001); Conn. Gen. Life Ins. Co. v. Commissioner,              
          177 F.3d 136, 138 (3d Cir. 1999), affg. 109 T.C. 100 (1997).                
          Economic considerations, however, led Congress to permit                    
          consolidation for years beginning after 1980 in order to                    
          “provide[] substantial relief in the future for casualty                    





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