-26- $42,577,000 for 1992. D. Analysis 1. Whether Petitioner's Reserves Were Fair and Reasonable Respondent contends that respondent's adjustments to the unpaid loss reserves are needed to make the reserves fair and reasonable as required by section 1.832-4(b), Income Tax Regs. Respondent argues that respondent's proposed reduction of petitioner's undiscounted unpaid losses for 1991 and 1992 is reasonable. A taxpayer's reserve for unpaid losses must be fair and reasonable based on the facts in each case and the company's experience with similar cases. Sec. 1.832-4(b), Income Tax Regs. Petitioner could not offset reserve deficits with reserve surpluses in another line of insurance because it wrote a single, relatively volatile line of business in a limited market. The inability to offset deficits with surpluses makes petitioner's business more risky and reasonably led petitioner to establish higher reserves. For the years in issue, the medical malpractice industry overstated reserves to virtually the same extent as petitioner. This suggests that petitioner's estimates were fair and reasonable. UDI made a triennial examination of petitioner's 1990-93 annual statements. It did not adjust petitioner's reporting ofPage: Previous 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 Next
Last modified: May 25, 2011