- 52 - 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.Page: Previous 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 Next
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