-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.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