Utah Medical Insurance Association - Page 29

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          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.                                              





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