- 29 - are reserves merely because the court held there that some A&H obligations are reserves. The only case that has squarely addressed the meaning of the subject term in section 816(c)(2) is Harco Holdings, Inc. v. United States, 977 F.2d 1027 (7th Cir. 1992). There, the taxpayer’s subsidiary, Association Life, was a chartered life insurance company that filed annual statements on which it reported its unaccrued CA&H insurance obligations on exhibit 9 and its accrued CA&H insurance obligations on exhibit 11. The Commissioner argued that Association Life had to include its exhibit 11 accrued liabilities (i.e., its accrued unpaid losses) in the denominator of the reserve ratio. The Court of Appeals for the Seventh Circuit thoroughly analyzed the statutory text, the relevant regulations, the administrative history, the case law, and the legislative history and concluded that the reserve ratio’s denominator did not include Association Life's exhibit 11 amounts. The court’s analysis and conclusion are persuasive, and we follow them in this case. As further support for our conclusion as to accrued unpaid losses, we turn to the Commissioner's administrative position on accrued liabilities and the reserve ratio for purposes of life insurance; that position is contrary to the position respondent takes here. In Rev. Rul. 72-115, 1972-1 C.B. 200, the Commissioner ruled that unpaid losses on life insurance policiesPage: Previous 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Next
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