Reserve Mechanical Corp. f.k.a. Reserve Casualty Corp. v. Commissioner of Internal Revenue (“Reserve”) was decided by the United States Tax Court in an opinion issued by Judge Kathleen Kerrigan (the “Opinion”) on June 18, 2018. Any analysis of the Opinion must be done with reference to the trial record. Because a court’s written opinion sometimes – as we believe is the case here – may not fully reflect the evidence before it, it is important to review the record when performing a proper review of a court decision.
LEGAL DOCUMENTS
Visit www.reserve-casualty-corp.com for opinion and trial transcripts.
COMMENTARY
Capstone offers the following series of commentaries on the tax court’s decision in Reserve:
October 8, 2020 - Reserve Files Reply Brief with Tenth Circuit Court of Appeals
February 28, 2020 - Reserve Files Opening Brief with Tenth Circuit Court of Appeals
May 15th, 2019 - Commentary #5 on Syzygy and the Tax Court’s Continued Application of Erroneous Legal Analysis to Pooling Arrangements
January 4, 2019 - Commentary #4 on The Tax Court’s Erroneous Application of Avrahami to Reserve
December 19, 2018 - Commentary #3 on Policy Selection
July 9, 2018 - Commentary #2 on Policy Pricing
June 27, 2018 – Commentary #1 on Insurable Risks
June 19, 2018 – Initial Statement
THIRD-PARTY RESERVE ARTICLES
March 3, 2020 - Captive.com: Reserve Files Opening Appeals Brief in Captive Insurance Tax Case
March 2, 2020 - Captive Review: Appeal Filed in Reserve Tax Court Case
March 2, 2020 - Captive Insurance Times: Reserve Files Opening Brief with Tenth Circuit Court of Appeals
March 2, 2020 - Captive International: Reserve Mechanical Files Brief with Court of Appeals Over US Tax Court Captive Ruling
March 2, 2020 - Tax Notes: Court Shouldn't Upend Insurance Norms for Captives, Groups Say
March 2, 2020 - Business Insurance: Captive associations fight 831(b) ruling
February 28, 2020 - Tax Notes - IRS Microcaptive Victory Hinged on Faulty Analysis Company Says
February 24, 2020 - Law360 Tax Authority - Tax Court Confused Over Insurance Industry, Co. Tells 10th Circuit
June 28, 2018 - Captive Review: Reserve Mechanical- Judge Kerrigan Shows "Limited Knowledge" of Reinsurance Market