Hospital Corporation of America and Subsidiaries - Page 90

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          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.                                        








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