- 42 - Q: Now, in making your assumption in assuming this reinsurance transaction, did you assume that the contracts, in fact, would be sold one at a time? A: No. In fact, I would think that would be quite unlikely, for the most part. * * * I anticipate that somebody in the insurance business who would be an interested buyer of this business would wish to buy in bulk. Petitioner’s expert asserts that under his reinsurance model the value (calculated for and assigned to each of petitioner’s 376 group contracts that terminated in 1994) would be the same whether the hypothetical sale constituted a sale of all 23,526 of petitioner’s group contracts or constituted a sale of just the 376 group contracts that terminated in 1994. According to petitioner’s expert, the 376 group contracts in issue would themselves constitute a “credible” block (i.e., the expected income flow from the group would not be affected significantly by fluctuations in claims experience within the block). As noted however, and as it must, petitioner does not claim a single loss deduction in 1994 upon the termination of the 376 group contracts. Rather, petitioner claims 376 separate loss deductions relating to the termination of each of the 376 separate group contracts. What is required to support petitioner’s claimed loss deductions under section 165 are valuations of the group contracts that reflect a value for each contract as a separate and discrete contract. In this regard, the District Court in Trigon Ins. Co. v. United States, 215 F. Supp. 2d at 709, stated as follows:Page: Previous 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 Next
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