- 37 - testimony, exhibits, and/or other evidence to support her or its proposed findings of fact. As the trier of fact, we have found the facts herein by evaluating and weighing the evidence before us, giving proper regard to our perception of each witness derived from seeing and hearing him or her testify on the stand. We have been guided by petitioner’s expert, Diane B. Wallace, whom, as discussed below, we find to be very knowledgeable on the reinsurance industry. We have also been guided by our understanding of the insurance and reinsurance industries in general, as well as by our knowledge of the applicable statutory scheme as it relates to these industries. The primary issue before us is one of first impression; namely, whether it was an abuse of discretion for the Commissioner to determine that each of the Agreements had “a significant tax avoidance effect” within the meaning of section 845(b). The tax avoidance effect identified by the Commissioner is that the Agreements allowed petitioner to claim and benefit from the small life insurance company deduction of section 806.15 15 Sec. 806 provides in part: (a) Small Life Insurance Company Deduction.-- (1) In general.--* * * the small life insurance company deduction for any taxable year is 60 percent of so much of the tentative LICTI for such taxable year as does not exceed $3,000,000. (2) Phaseout between $3,000,000 and $15,000,000.-- The amount of the small life insurance company deduction determined under paragraph (1) for any taxable year shall be reduced (but not below zero) by 15 percent of so much of the tentative LICTI for such (continued...)Page: Previous 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Next
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