- 21 - 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.Page: Previous 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Next
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