-29- history of inadequate reserves in 1980-85, makes reasonable petitioner's estimates of reserves for 1991 and 1992. The fact that petitioner's loss estimates for 1986-92 proved, with hindsight, to be higher than actual payments does not make petitioner's choice of values unreasonable. Petitioner's reserves for unpaid losses must be fair and reasonable, but are not required to be accurate based on hindsight. Sec. 1.832-4(b), Income Tax Regs. 4. Whether Only the Midpoint of an Actuarially Sound Range Is the Fair and Reasonable Estimate Respondent argues that, for tax purposes, the midpoint of an actuarially sound range, which respondent characterizes as "tax equipoise", is the only fair and reasonable estimate since it gives no tax advantage to either the taxpayer or to Treasury. We disagree. Respondent cites no authority for the proposition that tax equipoise equates with the fair and reasonable standard. We have held in a different context that the high end of a range of reasonable values may be reasonable. See Vinson & Elkins v. Commissioner, 99 T.C. 9, 49 (1992) (for purposes of assessing the actuarial assumptions of a defined benefit plan, court adopted as reasonable a retirement age assumption that was at high end of reasonableness range), affd. 7 F.3d 1235 (5th Cir. 1993). Hurley testified that any loss reserve amount selected from within the actuarial range he gave petitioner would be reasonable.Page: 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