Trans City Life Insurance Company, an Arizona Corporation - Page 49

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          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.                 





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