Atlantic Mutual Insurance Company and Includible Subsidiaries - Page 19

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          respondent's view, therefore, the decision of the conference                
          committee to reject the language contained in the Senate report             
          does not create a "conflict" but instead provides the rationale             
          for the final legislation.                                                  
               Second, respondent addresses the Court's concern that the              
          conference committee's definition of "reserve strengthening" is             
          internally contradictory.  The Court found that the conference              
          committee's definition of the term is "broader than necessary to            
          accomplish the stated purpose of preventing abuse from artificial           
          increases".  Western Natl. Mut. Ins. Co. v. Commissioner, 102               
          T.C. at 350.  Respondent contends that this point does not                  
          undermine her position, because Congress sometimes finds it                 
          expedient to adopt bright-line rules that do not in every case              
          effectuate congressional intent precisely.                                  
               Because respondent believes that the statute is ambiguous              
          and the regulations in issue effectively implement the conference           
          committee's definition of "reserve strengthening", she maintains            
          that the regulations reflect a reasonable and permissible                   
          construction of the statute.                                                
               Respondent argues in the alternative that, if we hold that             
          "reserve strengthening" includes only those increases in reserves           
          attributable to changes in methodology or assumptions, we should            
          determine a lesser deficiency, because all or some of                       
          petitioner's additions to its IBNR and LAE reserves resulted from           
          management's discretionary adjustments.                                     




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