- 17 - made routine adjustments to its loss reserves based on its past reserving practices. Id. at 357. The Court of Appeals for the Eighth Circuit affirmed the Tax Court's decision in Western National. It concluded that the term "reserve strengthening" when used in the life insurance industry refers to reserve increases attributable to changes in computational methods or assumptions. Western Natl. Mut. Ins. Co. v. Commissioner, 65 F.3d 90, 92-93 (8th Cir. 1995). The court rejected the Commissioner's argument that the term's meaning in the P&C insurance industry is ambiguous. Id. at 93. Having decided that the meaning of "reserve strengthening" is clear in the industry, the court further concluded that the legislative history underlying the provision is not controlling. Id. Nevertheless, the court stated that it had reviewed the legislative history "out of an abundance of caution" and found "'no persuasive rationale for interpreting the statutory term "reserve strengthening" in a manner different from industry usage.'" Id. (quoting Western Natl. Mut. Ins. Co. v. Commissioner, 102 T.C. at 355). IV. Respondent's Position Respondent urges this Court to reconsider its holding in Western National. Respondent in the present case, as in Western National, maintains that "reserve strengthening" encompasses all net additions in 1986 to pre-1986 loss reserves. Respondent acknowledges that, in the life insurance industry, the termPage: 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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