- 41 - v. Commissioner, 105 T.C. 71, 81-85 (1995). We are mindful that a vital component of due process is that a statute be "reasonably clear". See Smith v. Goguen, 415 U.S. 566, 572 (1974); Grayned v. City of Rockford, 408 U.S. 104, 108-109 (1972); Retired Teachers Legal Defense Fund, Inc. v. Commissioner, 78 T.C. 280, 284-285 (1982). We conclude that section 845(b) passes that test. As will be reflected in the following discussion, the term "significant tax avoidance effect" has a discernible meaning taking into account the relevant legislative history and other aids to its interpretation. 3. Significant Tax Avoidance Effect Respondent determined that the Agreements had a significant tax avoidance effect with respect to petitioner. Respondent argues that the Agreements did not transfer life insurance risk to petitioner that was proportionate to the benefit it derived from the small life insurance company deduction. Respondent relies primarily upon the testimony of her three experts, Ralph J. Sayre, Jack M. Turnquist, and Charles M. Beardsley. Mr. Sayre is a consulting actuary for Actuarial Resources of Georgia, and he is a member of various actuarial societies. Mr. Turnquist is a member of various actuarial organizations, and he has been self-employed since 1987, providing consulting services on actuarial and technical communications relative to the operation of life insurance companies. Mr. Beardsley is an actuary, and he is an expert on the annual statement reporting for insurance companies.Page: Previous 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 Next
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