Hospital Corporation of America and Subsidiaries - Page 74

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          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,                     








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