- 90 - and reasonable test of section 1.832-4(b), Income Tax Regs. Petitioners contend that the adjustments are not required because the unpaid losses reserves for years ended 1987 and 1988 fall within the range of reasonable estimates made by Mr. Biscoglia. Petitioners contend that Mr. Merlino's conclusion that the reserves should be reduced to the extent that the amounts exceed the amounts set out in Mr. Biscoglia's reserve analysis reports is incorrect inasmuch as the total reserves recorded by Parthenon fall within the ranges he recommended. We agree with petitioners that the aggregate unpaid losses reserves for all lines of business for the applicable year, and not the individual reserves for each line of business, must meet the fair and reasonable test, Hanover Ins. Co. v. Commissioner, 69 T.C. at 271; Western Casualty Surety Co. v. Commissioner, 65 T.C. at 917, 919, but we do not agree that Mr. Biscoglia's reserve analysis reports and testimony establish that Parthenon's total unpaid losses reserves for years ended 1987 and 1988 in fact represent fair and reasonable estimates of Parthenon's actual unpaid losses and expenses. Petitioners have the burden of establishing that the unpaid losses comprise actual unpaid losses, Hanover Ins. Co. v. Commissioner, supra at 270, but have failed to do so in the instant case.Page: Previous 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 Next
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