Hospital Corporation of America and Subsidiaries - Page 61

                                       - 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

Last modified: May 25, 2011