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Tax Shelter Draws Attention

April 4, 2003
By DAVID CAY JOHNSTON






Congressional Republicans and Democrats said yesterday that
they were looking into supposedly tiny, tax-exempt
insurance companies and how they have been used to shield
many millions of dollars of investment profits from taxes.

The focus of these inquiries, for the moment, is a
billionaire Wall Street investor, Peter R. Kellogg, who for
10 days refused to comply with a federal law requiring him
to make available on request the annual reports that his
tax-exempt insurance companies file with the Internal
Revenue Service. Mr. Kellogg produced those documents late
yesterday.

The newly released documents show that in 2000 and 2001 one
of Mr. Kellogg's insurance companies, IAT Reinsurance,
avoided $78.6 million in federal taxes on its profits.

All told, during the six years from 1996 through 2001, IAT
Reinsurance escaped $189 million of taxes on $539.6 million
of investment profits.

Another of Mr. Kellogg's companies, SLK Reinsurance,
escaped taxes of $1.3 million on profits of $3.7 million in
2000 and 2001, the documents provided last night showed.

Tax-exempt insurance companies were allowed by Congress in
1954 as a way to help farmers and others having a hard time
getting insurance. The companies were supposed to be tiny:
Congress allowed the exemption only if the insurance
companies collected less than $350,000 in premiums.

But there is a loophole: Congress did not limit the assets
these insurance companies could own and invest free of
taxes. So the companies simply collect a small amount in
premiums for a small amount of insurance. Then they set
aside as reserves far more money than would ever be needed
to pay claims, and invest that money tax-free.

The technique is legal. But some experts on insurance and
taxes say many of these companies are a tax dodge that
should be blocked.

Representative Richard E. Neal, Democrat of Massachusetts
and a leading Congressional critic of abusive tax avoidance
techniques, wrote to Pamela Olson, the assistant secretary
of the Treasury for tax policy, asking what steps she would
take in light of an article in The New York Times on
Tuesday about many such companies that earned huge profits
tax-free.

"My primary concern is that these are investment and
tax-avoidance vehicles which may be hiding behind
provisions intended for legitimate insurance products," Mr.
Neal wrote. He then hinted that Mr. Kellogg's companies and
others should be audited, saying he hoped that "the
Treasury Department and the I.R.S. will review this matter
expeditiously and take any appropriate administrative
action."

Ms. Olson said last night that the Treasury had already
directed the I.R.S. to aggressively pursue abuses of
tax-exempt insurance companies. "We are in a target-rich
zone," Ms. Olson said, "because we had too many years of no
enforcement going on and that is the hole we are trying to
dig ourselves out of now."

Advised that no large tax-exempt insurer has said it is
currently under audit, Ms. Olson said, "I certainly hope
there is considerable activity by the I.R.S. in this area."


The House Ways and Means Committee staff is looking into
issues raised by tax-exempt insurance companies, Christin
Tinsworth, a spokeswoman for Representative Bill Thomas,
Republican of California, said Wednesday. So is the staff
of the Congressional Joint Committee on Taxation, House and
Senate aides said.

In the Senate, both the chairman of the Finance Committee
and the ranking Democrat said they planned to send a letter
asking the Treasury for the Kellogg reports. Senator
Charles E. Grassley, Republican of Iowa, and Senator Max
Baucus, Democrat of Montana, announced their plans several
hours before Mr. Kellogg complied with the requirement to
provide them by faxing them to The Times.

Mr. Baucus said the tax exemption's purpose was to help
small insurance companies get started and "to the extent
that recipients evade the provision's intended purpose, we
need to get to the bottom of it."

Federal law requires owners of tax-exempt insurance
companies to make report forms available on request, with a
one-day delay for "extraordinary circumstances." The
documents provided last night were requested March 25.

At least 1,480 insurance companies claim the tax exemption.
None have been audited by the I.R.S., though a small sample
will be, according to the I.R.S., as part of a study of how
to audit such concerns.

At least eight of these companies have both assets and
annual revenues of more than $50 million. Many other
companies have either assets or annual revenues in the
millions of dollars, but collect little or no premiums and
pay little or nothing in claims.

http://www.nytimes.com/2003/04/04/business/04INSU.html?ex=1050462786&ei=1&en=9b1b693d55e53653



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