Atlantic Mutual Insurance Company and Includible Subsidiaries - Page 17

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          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 term                 




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