Hospital Corporation of America and Subsidiaries - Page 59

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          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 regulatory               








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