- 21 - taxpayer's reserves, for pre-1986 years, at yearend 1986 exceeded its reserves at yearend 1985, and that excess reflected routine adjustments made consistent with past reserving practices. In each case, the taxpayer did not change its reserving assumptions or methodology. Respondent attempts to distinguish the present case from Western National based on the submission of expert testimony. In Western National, respondent chose not to submit expert testimony and instead contended that congressional intent, as expressed in the conference committee report, was determinative. Having lost on that argument, respondent has submitted expert testimony in the present case in her attempt to establish that the term "reserve strengthening" is subject to more than one interpretation. The Court's decision in Western National, however, was not based solely on expert testimony. In fact, the Court in Western National acknowledged that the expert testimony submitted in that case "did not establish a universal and precise definition of reserve strengthening" but concluded that the testimony did provide "sufficient guidance to enable our recognition of the conceptual elements involved in industry jargon." Western Natl. Mut. Ins. Co. v. Commissioner, 102 T.C. at 351 n.10. Moreover, several of the factors cited by the Court for its decision in Western National did not depend on expert testimony. For example, the Court stated that: (1) Congress previously had usedPage: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Next
Last modified: May 25, 2011