- 13 - the prospect of Federal income tax deductions for the reserves5 that would be maintained against insured labilities of the operating companies. HCA management believed that setting up a legitimate U.S. insurance company managed by insurance professionals would offer the best chance of obtaining that deduction, though they realized that favorable tax treatment was not assured. The Formation of Parthenon During 1976, HCA formed Parthenon as a wholly owned subsidiary under the Colorado captive insurance statute, Colorado Rev. Stat. secs. 72-36-1 to 72-36-30 (1963), now codified at secs. 10-6-101 to 10-6-130 (1991). HCA management expected that 5 In Western Natl. Mut. Ins. Co. v. Commissioner, 102 T.C. 338, 350-351 (1994), affd. 65 F.3d 90 (8th Cir. 1995), we defined the term "reserve" as follows: In the insurance industry a policy reserve represents a liability; i.e., it represents an obligation to the policyholders. Historically, reserves have been described in PC [property and casualty] insurance literature as estimated liabilities for losses and loss adjustment expenses. To some extent, loss reserves are estimates extrapolated from past trends, patterns, averages, and inferences and predictions as to the future. Accordingly, "The reserve simply operates as a charge on so much of an insurance company's assets as must be maintained in order for the company to be able to meet its future commitments under the policies it has issued." The general concept for reserves is the same for life and PC insurance companies. [Fn. ref. omitted; citations omitted.]Page: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Next
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