- 20 - of the Agreements to obtain risk coverage and to get surplus relief of $1 million. Guardian would not have entered into either Agreement had the Agreement not increased its surplus by $1 million. Guardian earned a spread on the difference between the risk fees it paid petitioner under the Agreements and the risk fees it received from the underlying agreements. Petitioner entered into the Agreements to: (1) Retain its profitable credit disability business, (2) retain the credit disability business’ assets, on which it was earning investment income, and (3) maintain its life insurance status by obtaining enough life reserves (on a coinsurance basis) to satisfy the Life Ratio. The Agreements also gave petitioner the ability to withhold the ceding commissions, while earning 1.2 percent on the risk charge and continuing to earn approximately 8 percent on the amount of the commission. Petitioner wanted to be a life insurance company for Federal income tax purposes, and petitioner would not have qualified as a life insurance company during any of the subject years if the reserves associated with the Agreements were not included in the calculation of the Life Ratio (ignoring petitioner's alternative argument that its disability policies were noncancellable); the Life Ratio would have been less than 50 percent in each year. Petitioner’s Life Ratio for 1989 through 1992 was greater than 50 percent when the reserves associated with the Agreements are included in the calculation of the Life Ratio. Qualification as a life insurance company was petitioner'sPage: Previous 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 Next
Last modified: May 25, 2011