-36- establishing petitioner’s reserves in the first instance but were asked after the fact to review petitioner’s carried reserves, for purposes of satisfying the statutory certification requirement. With respect to petitioner’s 1993 taxable year, Witcraft specified no recommended range of reasonableness (unlike the taxpayer’s actuary in Utah Medical), but instead provided a “best estimate” that was significantly lower than petitioner’s carried net reserve, while noting historical redundancies in petitioner’s carried net reserves. Petitioner has not explained the variance between this “best estimate” and the estimate petitioner used for tax purposes.25 24(...continued) Reserves)”. The Teufel opinions for 1994 and 1995 each state that petitioner’s carried reserves were “computed in accordance with accepted loss reserving standards and principles”. It is unclear, however, whether these statements are meant to refer to the actuaries’ assessment of computational techniques of petitioner’s management as opposed to the actuaries’ own computations in independently evaluating the adequacy of petitioner’s reserves. The actuaries were not called as witnesses to resolve such ambiguities. 25 Petitioner states on brief that it did not call its actuaries to testify in part because “Petitioner was, and is, satisfied with the accuracy and clarity of the qualified actuaries’ reports.” On brief, respondent complains about the lack of opportunity to cross-examine the actuaries. Respondent had equal opportunity, however, to call the actuaries as witnesses, either as part of his case-in-chief or as rebuttal witnesses, issuing a subpoena if necessary. Respondent chose not to. Accordingly, we do not infer that the actuaries’ testimony would have been either favorable or unfavorable to petitioner. See Sisson v. (continued...)Page: Previous 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 Next
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