Capital Blue Cross and Subsidiaries - Page 33

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          purchase of an ongoing general insurance agency.  The taxpayer              
          argued that the group of insurance accounts constituted separate            
          assets with respect to which loss deductions under section 165              
          should be allowed as the accounts were terminated in amounts                
          equal to the alleged cost of the accounts.  Id. at 1354.  The               
          court concluded that because the taxpayer failed to make an                 
          adequate factual showing that it had valued each customer account           
          separately, no loss deductions were allowable on termination of             
          the separate contracts.  Id. at 1355.                                       
               In affirming the District Court’s decision, the Court of               
          Appeals for the Ninth Circuit in Ralph W. Fullerton Co. v. United           
          States, 550 F.2d 548 (9th Cir. 1977), concluded that the formula            
          used by the taxpayer was designed to value the aggregate and was            
          inadequate to value separate accounts.  The court stated as                 
          follows:                                                                    

               valuation of customer accounts by resort to a formula                  
               applied indiscriminately to all accounts does not                      
               sufficiently establish the portion of the purchase                     
               price allocable to the individual accounts so as to                    
               avoid application of the mass asset rule.  Indeed,                     
               resort to a formula * * * [is] an indication that the                  
               individual value of the accounts cannot satisfactorily                 
               be ascertained.  * * *  [Id. at 550 (citing Sunset Fuel                
               Co. v. United States, supra).]                                         

               As indicated, supra, recently in Trigon Ins. Co. v. United             
          States, 215 F. Supp. 2d 687, 720 (E.D. Va. 2002), claimed losses            
          relating to health insurance group contracts similar to those               
          involved herein were not allowed because the taxpayer had not               






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