- 79 - The reserve for unpaid losses at the end of the taxable year is an estimate, made at the close of the current taxable year, of the insurer's liability for claims that it will be required to pay in future years. Home Mutual Ins. Co. v. Commissioner, 70 T.C. 944, 951 (1978), affd. in part, revd. in part and remanded 639 F.2d 333 (7th Cir. 1980); Western Casualty & Surety Co. v. Commissioner, 65 T.C. 897, 917 (1976), affd. on another issue 571 F.2d 514 (10th Cir. 1978). The unpaid loss reserve at the end of the taxable year for purposes of computing the "losses incurred" deduction consists of the aggregate unpaid loss reserves for all lines of business of the insurance company. Hanover Ins. Co. v. Commissioner, 69 T.C. 260, 271 (1977), affd. 598 F.2d 1211 (1st Cir. 1979); Western Casualty Surety Co. v. Commissioner, supra at 917.18 The resolution of a fair and reasonable estimate of a taxpayer's unpaid losses is essentially a valuation issue and a question of fact. Hanover Ins. Co. v. Commissioner, supra at 270. Calculation of unpaid losses may not be based on estimates of potential losses that might be incurred in future years. 18 See also Rev. Proc. 75-56, 1975-2 C.B. 596, 597, sec. 3.03 (the deduction for unpaid losses incurred shall be the aggregate of the reasonable estimates for each line of business at the end of each taxable year). Rev. Proc. 75-56 sets forth procedures for computing the deduction for losses incurred pursuant to sec. 832(b)(5).Page: Previous 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 Next
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