-148- On July 23, 1993, FNBC’s Control Department issued FAPM 396, entitled “Nonperforming Variable Exposure Product Transactions”.53 In relevant part, this document established the policies for dealing with a swap (or other variable exposure product) if the counterparty had not made a payment which FNBC had an unqualified right to receive. According to FAPM 396, FNBC’s policy was to account for swaps with a past due periodic payment using a “‘modified’ lower of cost or market”. FAPM 396 stated further that changes in the value were recognized in the applicable trading profits account currently as losses or gains (only to the extent of prior losses). FAPM 396 further stated that the modified lower of cost or market accounting treatment might occur when (1) payment that FNBC had an unqualified right to receive had not been made when due and (2) it had been determined that the contract is nonperforming. XIII. FNBC Had No Schedule M Adjustments There were no Schedule M adjustments on FNBC’s tax returns with respect to swaps booked through FNBC. XIV. Nature and Amount of the Proposed Disallowances The audit of FNBC’s 1990 and 1991 taxable years commenced in December 1992. The assigned agent’s focus during the audit was 53 A contract was considered “nonperforming” if it was determined that a counterparty would probably not fulfill its cashflow (or other exchange) obligation under the terms of the contract.Page: Previous 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 Next
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