Lone Star Life Insurance Company - Page 6

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               risks underwritten by insurance companies.                             
               Accordingly, Lone Star Life Insurance Company and                      
               Hibiscus Life Insurance Company may not file                           
               consolidated returns.                                                  
               It is determined that reinsurance agreements                           
               between Hibiscus Life Insurance Company and Lone Star                  
               Life Insurance Company have significant tax avoidance                  
               effect.  This effect is eliminated by disallowing                      
               Hibiscus's reserves associated with the reinsurance                    
               agreements pursuant to I.R.C. sec. 845.  As a result of                
               the disallowance Hibiscus has no reserves and fails to                 
               qualify as an insurance company under I.R.C. sec. 816.                 
               Accordingly, Lone Star Life Insurance Company and                      
               Hibiscus Life Insurance Company may not file                           
               consolidated returns.                                                  
          Prior to April 18, 1996, Hibiscus received constructive and                 
          actual notice of the notice of deficiency issued to petitioner.             
               Petitioner filed a timely petition for redetermination with            
          the Court contesting the notice of deficiency.5  The petition               
          includes an allegation that the notice of deficiency was issued             
          to petitioner after the expiration of the period of limitations.            
          Respondent filed an answer to the petition denying that the                 
          period of limitations had expired in this case by virtue of the             
          Forms 872 that Revenue Agent Barrett obtained during the                    
          examination.  Petitioner in turn filed a reply to respondent's              
          answer asserting that, as a consequence of respondent's direct              
          dealing with petitioner during the examination process, the Forms           
          872 executed by Hibiscus were ineffective to extend the period of           
          limitations applicable to petitioner.  As indicated, the parties'           


          5  At the time the petition was filed, petitioner maintained                
          its principal place of business at Dallas, Texas.                           




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Last modified: May 25, 2011