Physicians Insurance Company of Wisconsin, Inc. and Subsidiaries - Page 21




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          Ins. Co. v. Commissioner, 89 F.2d 186, 187 (9th Cir. 1937)                  
          (“While the amount of a reserve set up in the [annual statement]            
          exhibit might coincide with the amount of ‘losses incurred’ as              
          computed according to the statute * * *, the mere fact that the             
          reserve is designated for ‘losses incurred’ does not establish              
          that the amount of such reserve is the amount of ‘losses                    
          incurred’ within the meaning of the federal statute.”), affg. 33            
          B.T.A. 501 (1935); Hanover Ins. Co. v. Commissioner, 65 T.C. at             
          719.13                                                                      





               13 Petitioner cites various cases to support its contention            
          that the Code requires conformity between the estimates of unpaid           
          losses shown on its annual statement and on its tax return.  As             
          this Court has previously stated in rejecting similar arguments,            
          “the cited cases which held the annual statement to be conclusive           
          did not involve the reasonableness of the estimated figures                 
          appearing on such statement, but rather the format or methodology           
          of such statement”.  Hanover Ins. Co. v. Commissioner, 65 T.C.              
          715, 719 (1976).  For instance, N.H. Fire Ins. Co. v.                       
          Commissioner, 2 T.C. 708 (1943), cited by petitioner, addressed             
          the issue of whether certain reinsurance transactions should be             
          taken into account, and Bituminous Cas. Corp. v. Commissioner, 57           
          T.C. 58 (1971), addressed the issue of whether the taxpayer                 
          correctly deducted reserves for policyholder dividends, in                  
          accordance with annual statement methodology.  Similarly, in                
          Sears, Roebuck & Co. v. Commissioner, 972 F.2d 858 (7th Cir.                
          1992), affg. in part and revg. in part 96 T.C. 61 (1991), the               
          Court of Appeals for the Seventh Circuit held that the taxpayer             
          was entitled to rely upon the annual statement method of                    
          accounting for losses on certain mortgage loans.  The Court of              
          Appeals suggested, however, that the precise figures shown on the           
          annual statement were not conclusive, stating that on remand the            
          Tax Court was free to consider the Commissioner’s argument that             
          the taxpayer’s returns for the years in issue “did not use a                
          proper case-based method of approximating its loss reserves.”               
          Id.  at 868.                                                                




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