- 66 - 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).Page: Previous 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 Next
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