- 49 - Guardian in exchange for an annual fee of 1.2 percent of the outstanding surplus relief. We do not find that the record supports respondent’s argument, claim, or conclusion. As is typical with most reinsurance agreements, petitioner’s profit or loss on the Agreements was only ascertainable upon the Agreements’ termination. Because petitioner could not terminate the Agreements, they would continue (and petitioner would remain at risk) for as long as Guardian left the Agreements intact. Petitioner faced mortality, surrender, and annuitization risks for the duration of the Agreements. If cumulative benefit costs exceeded revenues, petitioner could be left with the losses permanently at Guardian’s option. Petitioner also was to receive future profits from the blocks of policies, at a set profit margin. As Ms. Wallace testified, this method of computing the profit margin is a very common feature in reinsurance agreements. She also testified that the 1.2-percent risk charge and the 10-percent profit sharing feature were within the range of common charges for this type of agreement. This factor favors petitioner. iv. Duration of Agreement A long-standing agreement for automatic reinsurance of certain types of policies tends to indicate that there is no significant tax avoidance effect when a coincidental tax benefit is enjoyed by a ceding company because income arising from the reinsurance transaction offsets an expiring loss carryover.Page: Previous 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 Next
Last modified: May 25, 2011