Capital Blue Cross and Subsidiaries - Page 15

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          for 1991, 1992, and 1993, relating to group contracts terminated            
          in those years, were not allowed by respondent.                             
               In its petition filed herein on November 13, 2001,                     
          petitioner claimed loss deductions under section 165 in the total           
          amount of $3,342,944 relating to the claimed cumulative total               
          value of the 376 group contracts terminated in 1994.  No                    
          explanation is provided as to the increase in this amount from              
          the $2,648,249 in total loss deductions claimed on petitioner’s             
          1994 corporate Federal income tax return relating to the 376                
          group contracts.                                                            
               Subsequently, and in preparation for trial which was held in           
          March and April of 2003, petitioner’s trial expert witness                  
          prepared a valuation report dated January 30, 2003, in which he             
          calculated, as of January 1, 1987, a cumulative total fair market           
          value of $4 million for the 376 group contracts that were                   
          terminated in 1994 (based on a cumulative total fair market value           
          of $131,697,202 for all 23,526 of petitioner’s group contracts in           
          effect on January 1, 1987).7                                                




               7  The record is unclear as to how, for the 376 group                  
          contracts terminated in 1994, petitioner’s trial expert                     
          calculated a higher cumulative total value ($4 million) than was            
          calculated in petitioner’s initial valuation report ($2.6                   
          million), even though for all 23,526 of petitioner’s group                  
          contracts in effect on Jan. 1, 1987, petitioner’s trial expert              
          calculated a lower cumulative total value ($132 million) than the           
          initial valuation report ($163.5 million).                                  




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