Hospital Corporation of America and Subsidiaries - Page 79

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               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).                                                                  







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