- 29 - deposit into the Trust securities in the amount approximately equal to the negative EAB. The 1989 Agreement did not extend a carryover period for tax purposes. It did not eliminate the SRLY taint of a previous net operating loss for petitioner. It did not change the character of an item of income or deduction for petitioner from ordinary to capital or capital to ordinary. It did not change the source of an item of income or deduction for petitioner from domestic to foreign or foreign to domestic. It did not artificially reduce petitioner's equity or result in any deferral of income to Guardian. Petitioner’s Federal marginal income tax rate for its 1989 taxable year was approximately 16 percent. Petitioner’s Federal marginal income tax rate for the taxable years 1990 through 1992 was approximately 18 percent. During each of these years, Guardian was taxed at the full corporate income tax rate, including a significant equity tax under section 809. b. Amendments The 1989 Agreement was amended three times. The first amendment, completed on July 17, 1990, to be effective as of June 30, 1989, eliminated the experience refund provision, and increased the risk fee from .25 percent per quarter to .3 percent per quarter of the absolute value of the EAB. The amount of the risk fee was within the range of risk fees normally payable by reinsurers to retrocessionaires such as petitioner. The 1989 Agreement originally contained an experience refund provision, pursuant to which petitioner agreed to refund to GuardianPage: Previous 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 Next
Last modified: May 25, 2011