Utah Medical Insurance Association - Page 18

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          adjustment expenses for 1991 and $49,418,509 for 1992.                       
               On March 13, 1996, respondent sent a notice of deficiency to            
          petitioner in which respondent determined that petitioner                    
          overstated its discounted unpaid losses by $5,816,776 for 1991               
          and $3,904,930 for 1992, and that petitioner's discounted unpaid             
          losses should have been $39,833,473 ($45,650,249 - $5,816,776)               
          for 1991 and $39,696,803 ($49,418,509 - ($3,904,930 and                      
          $5,816,776)) for 1992.  Respondent amended its answer after trial            
          to assert that petitioner overstated its undiscounted unpaid                 
          losses by $13,070,000 for 1991 and by $19,394,000 for 1992, and              
          that petitioner's undiscounted unpaid losses should have been                
          $43,765,000 for 1991 and $42,577,000 for 1992.16  Petitioner                 
          bears the burden of proving that respondent's determination in               
          the notice of deficiency is erroneous, Welch v. Helvering, 290               
          U.S. 111, 115 (1933), and respondent bears the burden of proving             
          that petitioner's discounted unpaid losses should have been less             
          than the amounts determined in the notice of deficiency for 1991             
          and 1992.  Rule 142(a).  However, our holding is not affected by             
          who bears the burden of proof.                                               

               16 Respondent redetermined petitioner's discounted unpaid               
          losses in the notice of deficiency, whereas respondent's                     
          adjustments in the amended answer were to petitioner's                       
          undiscounted unpaid losses.  The taxpayer is required to report              
          discounted unpaid losses on its income tax return.  Secs.                    
          832(b)(5)(A)(ii) and 846.                                                    







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