- 6 - 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011