Capital Blue Cross and Subsidiaries - Page 17

                                       - 17 -                                         

          Amount of                                                                   
          Year                           Claimed Loss Deductions                      
                        1991           $ 7,998,612                                   
          1992                 7,234,627                                              
          1993                 4,719,542                                              
          1994                 3,973,023                                              
          1995                 2,816,165                                              
          1996                 3,120,934                                              
          1997                 1,444,088                                              
          1998                 1,750,240                                              
          1999                 2,190,111                                              
          2000                 1,861,149                                              
          $37,108,491                                                                 

                                     Discussion                                       
               The primary issues for decision involve a legal issue and a            
          factual issue, as follows:  (1) Whether the basis step-up                   
          provision of TRA 1986 is applicable to calculations of gain or              
          loss relating only to “sale or exchange” transactions and not to            
          calculations of loss relating to the “termination” of assets; and           
          (2) whether the specific and discrete fair market value, as of              
          January 1, 1987, of the 376 group contracts terminated in 1994              
          has been adequately established by petitioner for purposes of the           
          claimed loss deductions under section 165.                                  

          Construction of TRA 1986                                                    
               As explained, supra, in conjunction with their conversion              
          from nontaxable to taxable status, Congress provided for Blue               
          Cross Blue Shield organizations a fair market value basis step-up           
          provision.  The purpose of the basis step-up provision was to               
          prevent Blue Cross Blue Shield organizations from being taxed on            





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