Hospital Corporation of America and Subsidiaries - Page 47

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          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)                                           




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