- 21 - primary business objective because it enabled petitioner to earn more money for its shareholders (irrespective of tax consequences) than any other alternative. Instead of entering into the Agreements, petitioner could have ceded away its credit disability insurance business in order to maintain its qualification as a life insurance company. Petitioner employed this technique both before and after the subject years. If petitioner had ceded away its credit disability business, it would have paid less tax than it did by entering into the Agreements. 4. 1988 Agreement a. Original Agreement The 1988 Agreement was drafted by Guardian. Under the agreement, petitioner assumed 95 percent of Guardian’s interest in Guardian’s: (1) January 1, 1984, reinsurance agreement with Business Men’s Assurance (BMA) and (2) January 1, 1985, reinsurance agreement with United Pacific Life Insurance Company (UPL). Guardian retained an experience refund equal to 90 percent of the positive net cash-flow from the reinsured policies. The experience refund provision was part of the 1988 Agreement because Guardian was unwilling to sell to petitioner the profits on business with reserves in excess of $180 million for $1 million. The parties agreed to the 90-percent figure because the block of business was expected to be sufficiently profitable that petitioner's 10 percent of the profits would exceed the ceding commission.Page: Previous 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Next
Last modified: May 25, 2011