Central Reserve Life Corporation and Subsidiaries - Page 29




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          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 policies            





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