Trans City Life Insurance Company, an Arizona Corporation - Page 53

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               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 with            







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