Hospital Corporation of America and Subsidiaries - Page 71

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          than the losses actually incurred does not mean that the                    
          actuarial opinions were wrong or misstatements of the premium               
          amounts.  The premiums were neither subject to change at the whim           
          of HCA or its officers nor calculated so as to give petitioners             
          an unwarranted tax advantage.  Accordingly, assuming arguendo               
          that the premiums were understated for 1984 or overstated for               
          1986, 1987, or 1988, we conclude that in the instant case the               
          understatement and overstatements would not render the insurance            
          arrangement between Parthenon and HCA and the sister subsidiaries           
          a sham.                                                                     
               Another distinction between Humana and the instant case is             
          that HCI filed a separate return from Humana and the sister                 
          subsidiaries while in the instant case Parthenon filed its return           
          on a consolidated basis with HCA and the sister subsidiaries.               
          Although filing a consolidated return may be a factor to consider           
          in analyzing whether a transaction is bona fide, we do not find             
          the factor conclusive as to respondent's contention that the                
          arrangement in the instant case was a sham.  A consolidated                 
          income tax return treats members of the affiliated group as a               
          single entity for some purposes and as separate entities for                
          other purposes.  1 Lerner et al., Federal Income Taxation of                
          Corporations Filing Consolidated Returns 6-1 to 6-2 (1996).  The            








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