- 61 - physicians who referred patients to HCA hospitals, the payment of additional premiums for prior years during 1986 while failing to pay current premiums, and the decision during 1987 to raise HCA's and the sister subsidiaries' general and professional liability insurance deductible to $10 million and thereby effectively terminate Parthenon's premium income demonstrate that Parthenon was controlled at all times by HCA for the benefit of HCA. Additionally, respondent contends that the comfort letter given by HCA to Ideal Mutual to guarantee the performance of Parthenon, the payment of workers' compensation claims in 1984 by HCA in connection with its Florida hospitals upon the insolvency of Ideal Mutual, the transfer of Parthenon's reserves to PCIC, the reserve strengthening payments totaling $86 million, an alleged $60 million excessive premium charged for the 1986 claims-made policy at the rate for a policy on an occurrence basis, the failure of HCA to pay the quarterly premiums for the first three quarters of 1986, and the decision by HCA during 1987 to pay claims less than $10 million out of working capital, all support the conclusion that neither HCA nor the sister subsidiaries shifted risks to Parthenon. Petitioners contend, however, that the facts in the instant case are similar to those in Humana, Inc. v. Commissioner, supra.Page: Previous 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 Next
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