- 58 - The Transactions Between Parthenon and HCA and the Sister Subsidiaries Are Insurance Transactions Pursuant to the principles of Moline Properties, Inc. v. Commissioner, 319 U.S. 436 (1943), respondent does not contend that Parthenon's separate corporate existence should be ignored for Federal income tax purposes or that Parthenon itself is a sham corporation. Respondent contends, however, that the transactions between Parthenon and petitioners during the years in issue, including the issuance of insurance policies and setting of reserves, were not bona fide insurance transactions and were motivated by tax concerns. Respondent contends that petitioners intended to, and did, treat Parthenon as a form of self-insurance to carry out a loss prevention and risk management program for their hospitals. Respondent concedes that Parthenon was licensed and regulated as a captive insurance company by the State of Tennessee, and that it satisfied the applicable regulatory criteria for operation as a captive insurer. Respondent, however, maintains that the regulatory criteria, as well as Blue Cross' annual audits and Continental's annual reviews, were no more than what would be necessary for a self-insurance plan. Respondent contends that petitioners formed Parthenon as a captive insurance company inPage: Previous 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 Next
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