- 34 -34 distribution of the LIBOR notes would result in a corresponding decrease in AlliedSignal's capital account). 2. Loss on LIBOR Notes With respect to the LIBOR notes, the only ASA investment with any significant potential to fluctuate in value, ABN intended from the outset, and did, fully hedge its risk. A decline in interest rates, between the LIBOR notes acquisition date and AlliedSignal's August 2 purchase, resulted in a $6,342,068 decline in the LIBOR notes' value. Consequently, AlliedSignal paid $3,134,884 less to acquire Barber's and Dominguito's partnership interests than it would have paid if interest rates had remained constant. This "loss", however, was offset by ABN's swap income. As Mr. den Baas testified, "as soon as the hedge was in place, we didn't care anymore about the principal risk of the LIBOR notes". Moreover, when asked by the Court about ABN's upside potential relating to the LIBOR notes, Mr. den Baas explained that "we certainly took care that it would never happen", because any increase in the value of the LIBOR notes would be offset by losses from ABN's swap transactions. Petitioner contends that in determining whether ABN bore any risk of loss relating to the LIBOR notes, the Court should not consider swap transactions outside the partnership. This contention, however, is inconsistent with petitioner's assertion that AlliedSignal's swaps were part of an "integrated investmentPage: Previous 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 Next
Last modified: May 25, 2011