Hospital Corporation of America and Subsidiaries - Page 66

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          therefore argues that the transactions between Parthenon and                
          petitioners were in the nature of self-insurance.  We are unable            
          to reach such a conclusion and, furthermore, are persuaded that             
          the lack of choice plays no role in deciding whether the policies           
          between Parthenon and its sister subsidiaries constituted                   
          insurance as commonly understood in the industry.  The policies             
          covered typical insurance risks, including medical malpractice,             
          property damages, and workers' compensation liability.  HCA,                
          moreover, had a legitimate business reason for requiring the                
          sister subsidiaries to acquire insurance from Parthenon.                    
               Additionally, we find no merit to respondent's contention              
          that the sister subsidiaries merely held legal title to the                 
          hospitals they owned and therefore played no part in the                    
          insurance relationship between Parthenon and those hospitals.               
          Respondent's position would have us, in effect, ignore the                  
          separate existence of the sister subsidiaries even though                   
          respondent agrees that they were formed and operated for                    
          legitimate business purposes and should be recognized as separate           
          corporate entities.  We find no basis in fact or law for doing              
          so.  See Moline Properties, Inc. v. Commissioner, 319 U.S. 436              
          (1943).                                                                     










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