Trans City Life Insurance Company, an Arizona Corporation - Page 52

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          considered in determining tax avoidance effect because the                  
          economic value of income and deductions depends on the tax                  
          bracket of the insurer.  Bracket shifting is possible, for                  
          example, between small and large insurers, profit and loss                  
          insurers, and life and nonlife insurers.  Id.                               
               It appears that Guardian was in a higher tax bracket than              
          petitioner, but we find this inconclusive.  We draw no inference            
          from this factor.  It is neutral.                                           
               vii.  General Financial Situations                                     
               The general financial situation of the parties is another              
          factor to consider.  The conference report states, for example,             
          that the fact a surplus relief reinsurance agreement is entered             
          into to protect a party from insolvency may indicate that the               
          transaction has no significant tax avoidance effect.  Id.                   
               Respondent argues that the general financial situation of              
          Guardian points toward a conclusion of a significant tax                    
          avoidance effect because Guardian did not need the surplus relief           
          generated by the Agreements to protect itself from insolvency.              
          Unlike respondent, we do not draw from the example in the                   
          conference report a negative inference that surplus relief                  
          invariably has a significant tax avoidance effect unless its                
          object is to prevent an insolvency.  Ms. Wallace testified that             
          it is common for an insurer with excess capital and surplus in              
          relation to liabilities to increase its return by putting that              
          capital and surplus to work, as petitioner did via the                      
          Agreements.                                                                 





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