42.0.24. If a financial institution is required to use another method because of section 42.0.23 in respect of a business input for a fiscal year, the Minister assesses the net tax of the financial institution for a reporting period included in the fiscal year and the financial institution contests or appeals the assessment in respect of an issue relating to the application of that section, the following rules apply:(1) the burden of proving that the other method is fair and reasonable is on the Minister; and
(2) if a court of last resort determines that the other method is not fair and reasonable, section 42.0.23 may not be applied to require the financial institution to use a particular method for the fiscal year in respect of the business input.