Legal Opinion

Gerling International Ins. Co. v. Commissioner

United States Tax Court

Decided March 26, 1986No. Docket No. 26765-83PublishedCited by 10 opinions

Petitioner, a domestic corporation in the insurance business, reinsured 20 percent of certain risks insured by a Swiss corporation. Petitioner reported to the State insurance authority and on its U.S. income tax return the premiums, losses, and expenses involved in such reinsurance. The deficiency notice disallowed all the deductions for losses and expenses.

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Petitioner, a domestic corporation in the insurance business, reinsured 20 percent of certain risks insured by a Swiss corporation. Petitioner reported to the State insurance authority and on its U.S. income tax return the premiums, losses, and expenses involved in such reinsurance. The deficiency notice disallowed all the deductions for losses and expenses. Respondent sought discovery from petitioner as to the existence of common control of petitioner and the Swiss corporation and by way of production of documents as to the books and records of the Swiss corporation relating to petitioner's…

1Opinion of the Court

OPINION

TANNENWALD, Judge:

This case is before us on two discovery motions by respondent: (1) A motion to compel answers to respondent’s interrogatories or to impose sanctions, and (2) a motion for order compelling petitioners to comply with respondent’s request for the production of documents or to impose sanctions.

Based upon the materials presently of record, the background for our consideration of these two motions1 is as hereinafter set forth.

Respondent determined deficiencies against petitioner as follows:

TYE Dec. 31-Deficiency

1973. $885

1974 . 2,043

1976 . 1,439,676

1977 . 1,917,174

1978 .…

2Cases cited24 opinions

  1. National Hockey League v. Metropolitan Hockey Club, Inc.Supreme Court of the United States · 1976
  2. United States v. JanisSupreme Court of the United States · 1976
  3. Helvering v. TaylorSupreme Court of the United States · 1935
  4. Societe Internationale Pour Participations Industrielles Et Commerciales, S. A. v. RogersSupreme Court of the United States · 1958
  5. Burnet v. HoustonSupreme Court of the United States · 1931

19 more not listed; retrieve them via the Exa API.

3Cited by10 opinions

  1. Gerling International Ins. Co. v. CommissionerUnited States Tax Court · 1986
  2. Gerling Int'l Ins. Co. v. CommissionerUnited States Tax Court · 1992
  3. Flying Tigers Oil Co. v. CommissionerUnited States Tax Court · 1989
  4. Tidler v. CommissionerUnited States Tax Court · 1987
  5. Flying Tigers Oil Co. v. CommissionerUnited States Tax Court · 1989

5 more not listed; retrieve them via the Exa API.

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