- 16 - 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 hadPage: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Next
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