Atlantic Mutual Insurance Company and Includible Subsidiaries - Page 21

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          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 used           




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