Opinion

Harper Group v. Commissioner

  • 96 T.C. 45
  • 96 T.C. No. 4
  • 1991 U.S. Tax Ct. LEXIS 4
Court
United States Tax Court
Filed
Jan 24, 1991
Status
Published
Author
Whalen
On the bench
Jacobs,Nims,Korner,Shields,Hamblen,Cohen,Swift,Gerber,Wright,Parr,Colvin,Halpern,Wells,Ruwe,Whalen,Chabot
Cited by
39 cases
Authority
More cited than 10.5%

finding sufficient risk distribution where insurer insured numerous unrelated insureds even though the risks "were not statistically independent * * *, but rather were highly correlated"

How later courts described this case

  • finding sufficient risk distribution where insurer insured numerous unrelated insureds even though the risks "were not statistically independent * * *, but rather were highly correlated"
  • finding risk transfer where the insurer "not only was financially capable of satisfying claims made against it, but it in fact paid such claims"
  • finding risk transfer where the insurer “not only was financially ca- pable of satisfying claims made against it, but in fact paid such claims”
  • 30% writing for unrelated parties

Written by the judges who cited it.

The opinion

WHALEN, J., dissenting: I respectfully dissent from the majority opinion of this case for the reasons stated in the “payments to insurance company subsidiary” segment of my dissenting opinion in Sears, Roebuck & Co. and Affiliated Corps, v. Commissioner, 96 T.C. 61 (1991), docket No. 2165-89, released today.

Chabot and Parker JJ., agree with this dissent.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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