- 59 - order to create tax deductions for amounts that in fact are self- insurance. Petitioners contend that the transactions were in respect of an insurance company and that respondent's self-insurance argument is an attempt to recharacterize an insurance relationship between separate legal entities as self-insurance by a single economic family. In the instant case, Parthenon, in form, operated as an insurance company. It was licensed as a captive insurer, fully staffed, and performed typical insurance functions, including underwriting, the setting of premiums and reserves, investment management, and claims administration. Nonetheless, we must look beyond the formalities and consider the realities of the purported insurance transactions between Parthenon and petitioners. Malone & Hyde, Inc. v. Commissioner, 62 F.3d at 842-843. Based on the record developed in the instant case, we conclude that Parthenon provided insurance to HCA and to the sister subsidiaries. Respondent asserts the following differences to distinguish the instant case from Humana, Inc. v. Commissioner, supra: (1) The sister subsidiaries, in effect, were stockholders in Parthenon; (2) Parthenon was not subject to strict regulatoryPage: Previous 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 Next
Last modified: May 25, 2011