Atlantic Mutual Insurance Company and Includible Subsidiaries - Page 16

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          refers to "a change in the formula or mechanism for calculating a           
          reserve".  Id. at 352.  Moreover, the Court noted, Congress had             
          defined the term as including only changes in assumptions or                
          methodology when it enacted certain life insurance rules and a              
          fresh start provision in the Deficit Reduction Act of 1984, Pub.            
          L. 98-369, sec. 216(b), 98 Stat. 494, 758.  Id. at 353.  In                 
          rejecting the Commissioner's argument that "reserve                         
          strengthening" has a different meaning in the P&C insurance                 
          industry than in the life insurance industry, the Court concluded           
          that "Congress could not have expected a different quantitative             
          or qualitative meaning for the term" depending on the type of               
          insurer.  Id. at 354.                                                       
               Although section 1.846-3(c), Income Tax Regs., provided a              
          definition of "reserve strengthening" consistent with the                   
          conference committee report, the Court in essence concluded that            
          priority must be accorded to the statute, which "contains a term            
          of art used in an unconditional manner."  Id. at 355.  Moreover,            
          the Court noted, the conference committee report states that the            
          fresh start was "intended to prevent taxpayers from artificially            
          increasing the amount of income that is forgiven".  Id. at 356              
          n.19 (quoting H. Conf. Rept. 99-841 (Vol. II), supra at II-367,             
          1986-3 C.B. (Vol. 4) at 367).  The Court concluded that the word            
          "artificially" refers to changes in assumptions or methodology.             
          Id.  By contrast, the taxpayer in Western National merely had               






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