- 53 - This factor favors petitioner. viii. Risk Transferred Versus Tax Benefits Derived The legislative history of section 845(b) refers to a determination of the amount of: (1) The tax benefits enjoyed by the parties to a reinsurance agreement, as well as (2) the risk transferred between the two. H. Conf. Rept. 98-861, supra at 1063, 1984-2 C.B. (Vol. 2) at 317. Respondent generally argues: (1) The risk fees received by petitioner under the Agreements are the appropriate measure of the risk transferred to it by Guardian and (2) the small life insurance company deduction is the tax benefit that petitioner derived from the Agreements. Respondent concludes that Guardian did not transfer risks to petitioner which were commensurate with the latter’s benefit from the small life insurance deduction. In respondent’s view, petitioner assumed minimal risk, as reflected in the size of the risk fees, while enjoying disproportionate tax benefits. We reject respondent’s position on the proper measure of risk. A more appropriate standard is to compare the tax benefits (in this case, petitioner’s tax savings from the small life insurance company deduction) to petitioner’s exposure to loss under the Agreements, measuring the latter based on the difference between the face amount of the reinsured policies and the amount of reserves backing those policies. By that reckoning, the insurance risk incurred by petitioner was not disproportionate to the tax benefits. The risks associated withPage: 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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