- 74 - premium was calculated on an occurrence policy basis to increase Parthenon's reserves. There is no evidence that decisions to pay the dividend, establish PCIC, delay payment of the 1986 quarterly premiums, or calculate the 1986 premium using an occurrence policy basis were tax motivated. Accordingly, considering all of the facts and circumstances presented in the instant case, we conclude that the transactions between Parthenon and HCA and the sister subsidiaries constituted a bona fide insurance arrangement. The Sister Subsidiaries Shifted Risks to Parthenon Under the rationale of Humana Inc. v. Commissioner, 881 F.2d 247 (6th Cir. 1989), petitioners do not contend that HCA shifted its own insurance risks to Parthenon. Petitioners do contend, however, that the sister subsidiaries shifted their insurance risks to Parthenon. Respondent contends that no risk shifting occurred. Petitioners contend that, pursuant to Humana, the economic impact of loss payments on the assets of the insured must be analyzed to determine whether risks have shifted. Petitioners contend that in the instant case, when losses occurred and were paid by Parthenon, the sister subsidiaries' balance sheets and net worth were unaffected by the payment. Accordingly,Page: Previous 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 Next
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