- 71 - 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). ThePage: Previous 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 Next
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