Trans City Life Insurance Company, an Arizona Corporation - Page 56

                                       - 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 alleges            





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

Last modified: May 25, 2011