Legal Opinion

Harper Group v. Commissioner

United States Tax Court

Decided January 24, 1991No. Docket No. 33761-85PublishedCited by 24 opinions

H, the common parent of an affiliated group of corporations filing consolidated income tax returns, is a holding company which engages, through certain of its domestic and foreign subsidiaries, in businesses related to the international shipment of cargo by air and sea. H organized R, an insurance company subsidiary, to provide liability insurance to H's subsidiaries. R also provided insurance coverage to customers using the shipping services of H's subsidiaries.

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H, the common parent of an affiliated group of corporations filing consolidated income tax returns, is a holding company which engages, through certain of its domestic and foreign subsidiaries, in businesses related to the international shipment of cargo by air and sea. H organized R, an insurance company subsidiary, to provide liability insurance to H's subsidiaries. R also provided insurance coverage to customers using the shipping services of H's subsidiaries. Premium revenues from such customers accounted for 29 percent, 32 percent, and 33 percent of R's gross premium revenue in 1981,…

1Opinion of the Court

JACOBS, Judge:

Respondent determined the following deficiencies in petitioners’ Federal income taxes:

Year Deficiency

1981. $5,224,177

1982 . 2,114,098

1983 . 3,439,865

After concessions, the issues for decision are: (1) Whether insurance premiums paid by certain domestic subsidiaries of The Harper Group (Harper) to Rampart Insurance Co., Ltd. (Rampart), an indirectly wholly owned subsidiary of Harper, are deductible under section 162,1 and if not (2) whether the premiums paid by certain foreign subsidiaries of Harper to Rampart constitute constructive dividends to Harper.

Amounts paid for insurance…

2Cases cited19 opinions

  1. Jack E. Golsen and Sylvia H. Golsen v. Commissioner of Internal RevenueCourt of Appeals for the Tenth Circuit · 1971
  2. Moline Properties, Inc. v. CommissionerSupreme Court of the United States · 1943
  3. Helvering v. Le GierseSupreme Court of the United States · 1941
  4. Carnation Company v. Commissioner of Internal RevenueCourt of Appeals for the Ninth Circuit · 1981
  5. Clougherty Packing Company v. Commissioner of Internal RevenueCourt of Appeals for the Ninth Circuit · 1987

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

3Cited by24 opinions

  1. Sears, Roebuck & Co. v. CommissionerUnited States Tax Court · 1991
  2. Sears, Roebuck and Co. And Affiliated Corporations, Cross-Appellee v. Commissioner of Internal Revenue, Cross-AppellantCourt of Appeals for the Seventh Circuit · 1992
  3. Amerco, Inc. Republic Insurance v. Commissioner Internal Revenue ServiceCourt of Appeals for the Ninth Circuit · 1992
  4. Florida Hosp. Trust Fund v. CommissionerUnited States Tax Court · 1994
  5. Ocean Drilling & Exploration Company, (On Behalf of Itself and Its Consolidated Subsidiaries) v. The United StatesCourt of Appeals for the Federal Circuit · 1993

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

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