January 4, 2019 - The Tax Court’s Erroneous Application of Avrahami to Reserve
Does Captive Insurance Exist After the Reserve Decision?
The Tax Court decision in Reserve appeared to be the Court’s attempt to mold Reserve’s factual and legal analysis into Avrahami without regard to: (i) the issues presented and briefed, (ii) the evidence before it, (iii) the concessions by the government, and (iv) the differing jurisdictional posture between the two cases. The little analysis seen in Reserve appeared to essentially mirror the three main sections of the Avrahami opinion without regard to the evidence presented by the twelve witnesses – two from the government and ten from Reserve.
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