Connecticut General Life Insurance Company - Page 16

                                                - 16 -                                                   
                  We agree with respondent's interpretation of the statutory                             
            and regulatory provisions involved in these cases.  As indicated,                            
            section 1503(c)(1) provides generally that losses of ineligible                              
            nonlife companies may be used to reduce income of life companies                             
            but only pursuant to regulations promulgated by the Treasury and                             
            subject to the limitations contained in section 1503(c)(1) and                               
            (2).  Also as indicated, the legislative regulations that were                               
            promulgated by the Treasury generally reflect a separate entity                              
            method when calculating, under section 1503(c)(2), the amount of                             
            nonlife losses that are to be attributed to ineligible nonlife                               
            companies and therefore that may not be used to reduce income of                             
            life companies.  The statute and the regulations do not reflect                              
            any special treatment for losses of ineligible nonlife companies                             
            that previously constituted an affiliated and consolidated group.                            
                  We regard the “reserved” subparagraph (4) under section                                
            1.1502-47(m), Income Tax Regs., as a neutral factor.  That                                   
            provision simply reserves a space for regulations that may be                                
            promulgated at a later date and that may provide a special rule                              
            with regard to losses of ineligible nonlife companies that                                   
            previously constituted an affiliated and consolidated group.                                 
                  We regard the preamble language to the regulations as merely                           
            reflecting the Treasury’s willingness to study whether a special                             
            rule should be promulgated for acquired previously affiliated and                            
            consolidated groups.  That language is not to be construed as                                
            indicating that section 1.1502-47(m)(3)(vi), Income Tax Regs.,                               




Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  18  19  20  Next

Last modified: May 25, 2011