-34-                                          
          the basic limits data contained in respondent's exhibits does not            
          show claims that are paid or reserved at more than $100,000.                 
          Gleeson pointed out that petitioner's retention was about                    
          $350,000 and that the basic limits data does not account for the             
          development between the $100,000 basic limits and petitioner's               
          $350,000 retention amount.25  Thus, Gleeson found Hurley's ranges            
          to be actuarially sound.                                                     
               9.   Whether Respondent's Use of Hindsight Was Proper                   
               Respondent points out that hindsight may be used in deciding            
          whether to sustain respondent's proposed adjustments.  Hanover               
          Ins. Co. v. Commissioner, 69 T.C. at 270 (the Commissioner                   
          reasonably used hindsight to test the reasonableness of the                  
          taxpayer's reserves); Hospital Corp. of Am. v. Commissioner, T.C.            
          Memo. 1997-482 (the taxpayer did not prove that its reserves were            
          reasonable because the Commissioner's expert used hindsight to               
          show that the taxpayer's reserves were overstated).  Respondent              
          relies on petitioner's 1996 annual statement to support                      
          respondent's contention that the development of petitioner's                 
          actual losses shown in the reestimates of ultimate losses for                
          coverage years 1987 to 1992 as of the end of 1996 confirms that              
          respondent's proposed adjustments are reasonable.  We need not               
          decide whether respondent's adjustments are reasonable since                 
          petitioner's loss reserves were fair and reasonable.  Compare                
               25 Gleeson testified that petitioner's retention was about              
          $350,000.  We have found that it was $375,000-$400,000.  The                 
          difference in retention amounts does not affect Gleeson's                    
          explanation.                                                                 
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