The ruling has not been revoked or repudiated. * * *" ( Dictum) This seemed to dispose of the contrary holding in Miners Nat'l Bank of Wilkes-Barre, 33 T.C. 42 (1959). Just a few months ago, however, the court apparently reverted to its earlier decision that the Mimeo 6209 figure is itself subject to review for reasonableness.

Petitioner, a national bank, was eligible to use the percentage method but the mortgage company was not. See First Commercial Bank v. Commissioner, 45 T.C. 175, 182–183 (1965); Miners National Bank of Wilkes-Barre v. Commissioner, 33 T.C. 42, 47 (1959); State Bank of Albany v. United States, 209 Ct. Cl. 13, 21–22, 530 F.2d 1379, 1383 (1976), on the exclusion of Government-insured loans from the bad debt reserve base. Because petitioner elected to file consolidated returns with the mortgage company, however, the consolidated return provisions must be considered.

This may mean nothing more than that the Commissioner's determination is presumed to be correct, but Congress seems to have given the presumption greater emphasis by its express legislation than that of the general presumption which applies to all determinations of deficiencies. See also Walter H. Goodrich & Co., 40 B.T.A. 960, 961-62 (1939); Krim-Ko Corporation, 16 T.C. 31 (1951); Union National Bank & Trust Co.of Elgin, 26 T.C. 537 (1956); Newlin Machinery Corporation, 28 T.C. 837 (1957); Miners National Bank of Wilkes-Barre, 33 T.C. 42 (1959); American State Bank v. United States, 176 F.Supp. 64 (E.D. Wis. 1959), affd. 279 F.2d 585 (C.A. 7, 1960), certiorari denied 364 U.S. 881 (1960). From what has been said above it is apparent that under the provisions of section 166(c) the respondent has been granted wide latitude in exercising the discretion conferred on him by that section and that the burden of establishing an abuse of discretion falls heavily upon the taxpayer.