- 108 - In 1983, petitioner notified the State of California of its intention to terminate its self-insurance program for workers' compensation, and the State acknowledged petitioner's intention. Petitioner complied with State regulations and received State approval to terminate its self-insurance activity. Petitioner's future obligations for 1984 under California's workers' compensation were covered by the Liberty Mutual policy. Liberty Mutual entered into a reinsurance agreement with OPL wherein OPL reinsured Liberty Mutual's exposure for claims not exceeding $250,000 for any one accident. There is no question that the Liberty Mutual policy was a valid policy that satisfied petitioner's workers' compensation responsibilities. In calculating taxable income, section 162(a) permits the deduction from gross income of all ordinary and necessary expenses incurred in carrying on a business. Premiums for insurance, including those for workers' compensation coverage, are deductible business expenses. See sec. 1.162-1(a), Income Tax Regs. The insuring taxpayer deducts the amounts paid as premiums but, of course, cannot deduct covered claims because the source of the payments is the insurance carrier. See Clougherty Packing Co. v. Commissioner, 811 F.2d 1297, 1300 (9th Cir. 1987), affg. 84 T.C. 948 (1985). In lieu of purchasing insurance, one may elect to self- insure, paying off claims as they arise or setting aside fixedPage: Previous 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 Next
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