- 47 - whether a deduction of a purported insurance premium will be allowed"), affg. 96 T.C. 18 (1991). Additionally, we consistently have rejected respondent's "economic family" theory,10 expressed in Rev. Rul. 77-316, 1977-2 C.B. 53. E.g., Sears, Roebuck & Co. v. Commissioner, supra; Humana v. Commissioner, 88 T.C. at 214. We have concluded, moreover, that true insurance arrangements may exist between a captive insurance company subsidiary and its parent, or among a captive insurance company subsidiary and its sister subsidiaries, where the captive insurer does substantial unrelated insurance business in addition to the captive insurance business. See Sears, Roebuck & Co. v. Commissioner, supra; Harper Group & Subs. v. Commissioner, 96 T.C. 45 (1991); Amerco, Inc. v. Commissioner, 96 T.C. 18 (1991). The Court of Appeals for the Sixth Circuit, to which the instant case would be appealable absent stipulation to the 10 Pursuant to the "economic family" theory, a parent cannot shift risk of loss to a wholly owned subsidiary because the parent and its subsidiaries, even though separate corporate entities, represent one economic family. Consequently, the ultimate economic risk of loss falls on the same persons and the premiums remain within the economic family. Rev. Rul. 77-316, 1977-2 C.B. 53, 54; see also Clougherty Packing Co. v. Commissioner, 811 F.2d 1297, 1301-1302 (9th Cir. 1987), affg. 84 T.C. 948 (1985. But see Rev. Rul. 92-93, 1992-2 C.B. 45 (parent may deduct premiums paid to its wholly owned insurance subsidiary for insurance on the life of an employee of the parent), which distinguishes Rev. Rul 77-316. "The 'economic family' concept is based on the theory that when a captive receives a dollar, its net worth and its parent's net worth increases by that amount, and that when the captive pays out a dollar the converse occurs." Gulf Oil Corp. v. Commissioner, 89 T.C. 1010, 1024 n.7 (1987), affd. 914 F.2d 396 (3d Cir. 1990)Page: Previous 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 Next
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