- 57 - cannot be blind to the realities of the case. The "interdependent" separate agreements, when considered together indicate an arrangement under which there was no risk shifting. Under the hold harmless agreement, the ultimate risk for workers' compensation, auto liability, and general liability remained with Malone & Hyde. This being so, the transactions did not result in Malone & Hyde or the subsidiaries receiving "insurance" from Eastland within the meaning of that term under the Internal Revenue Code. [Malone & Hyde, Inc. v. Commissioner, 62 F.3d at 842-843; citations omitted; emphasis added.] We turn next to our consideration of the facts present in the instant case in light of the holdings of the Sixth Circuit Court of Appeals in Humana and Malone & Hyde, Inc.. Golsen v. Commissioner, 54 T.C. 742 (1970). In the instant case, respondent concedes that the professional and general liability risks and workers' compensation risks covered by Parthenon are insurable risks. Furthermore, respondent does not dispute the presence of risk distribution in the instant case, inasmuch as the number of hospitals insured and the number of hospital beds involved in the instant case far exceed the number of hospitals and beds insured that the Court of Appeals in Humana found sufficient for risk distribution to have occurred. Humana Inc. v. Commissioner, 881 F.2d at 256-257. Accordingly, the questions we must resolve are (1) whether bona fide insurance transactions exist and, (2) if they do, whether the sister subsidiaries shifted those risks to Parthenon.Page: Previous 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 Next
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