- 56 - transfer of its reserves to a reinsurer. These rules have similarities to the factors identified by the Congress in the conference report on DEFRA, with the notable exception of the factor involving the relative tax positions of the parties (with which the NAIC would not be concerned). This factor favors petitioner. ix. State Determinations The 1989 Agreement was examined for risk transfer by the Arizona Department of Insurance and found to have transferred risk. This factor favors petitioner. x. Conclusion We have analyzed the factors mentioned above. Most of these factors favor petitioner. None of these factors favors respondent’s determination. We conclude that the factors show that the Agreements did not have a significant tax avoidance effect within the meaning of section 845(b). We conclude that respondent’s determination to the contrary amounted to an abuse of discretion. We hold for petitioner on this issue. We have considered all arguments made by respondent for a contrary holding and, to the extent not discussed above, find them to be without merit. 4. Amortization of Ceding Commissions We turn to the final issue. Respondent asserted in her Amendments that petitioner was not entitled to deduct or amortize any part of the ceding commissions. Respondent allegesPage: 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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