-161- Section 475(a) requires that a “dealer in securities” report its securities at the end of the taxable year by using one of two mark-to-market rules set forth in that section. See also sec. 1.475(c)-1(a)(2)(i) and (ii), Example (1), Income Tax Regs. (a swaps dealer is a “dealer in securities” within the meaning of section 475). The first rule requires that a dealer include in its inventory the fair market value of each security held in its inventory at the end of the taxable year. The second rule requires that a dealer recognize gain or loss on each other security held at the end of the taxable year as if the security had been sold for its fair market value on the last business day of that year. By its terms, section 475 does not apply to FNBC’s 1990 through 1992 taxable years. FNBC, however, claimed that it was reporting its swaps income for those years using a mark-to-market method, and respondent has never disallowed FNBC’s use of such a method. See generally sec. 1.471-5, Income Tax Regs. (permitted dealers in securities to value their securities inventories at market for taxable years before the effective date of section 475). We believe under the facts herein, including especially that FNBC’s methodology for reporting its swaps income was substantially the same in each of the years 1990 through 1993, that our decision as to 1990 through 1992 flows correspondingly from our analysis of the mark-to-market rules of section 475.Page: Previous 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 Next
Last modified: May 25, 2011