United Parcel Service of America - Page 19




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               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 fixed              





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