Bank One Corporation - Page 82

                                        -165-                                         
          (1) The overall plan of accounting for gross income or deductions           
          and (2) the treatment of a material item.  Sec. 1.446-1(a)(1),              
          Income Tax Regs.; see also FPL Group, Inc. & Subs. v.                       
          Commissioner, 115 T.C. 554, 561 (2000).  The regulations provide            
          further that an item is material if it involves the proper timing           
          of income or expense; i.e., when an item is included in income or           
          is taken as a deduction.  Sec. 1.446-1(e)(2)(ii)(a), Income Tax             
          Regs.; see also FPL Group, Inc. & Subs. v. Commissioner, supra at           
          561; Wayne Bolt & Nut. Co. v. Commissioner, 93 T.C. 500, 510                
          (1989).  As construed by the courts, section 1.446-1(a), Income             
          Tax Regs., serves to classify as a “method of accounting” the               
          consistent treatment of any recurring, material item, whether               
          that treatment be correct or incorrect.  E.g., FPL Group, Inc. &            
          Subs. v. Commissioner, supra at 561; H.F. Campbell Co. v.                   
          Commissioner, 53 T.C. 439, 447 (1969), affd. 443 F.2d 965 (6th              
          Cir. 1971).                                                                 
               Here, FNBC’s reporting of income under section 475 is a                
          method of accounting in that it involves the proper timing of               
          income and expenses connected with FNBC’s swaps.  Section                   
          475(a)(2) mandates for each taxable year that the fair market               
          value of FNBC’s swaps be considered received as of the end of the           
          last business day of that year, and that any gain or loss be                
          currently recognized.  Thus, under the statute, FNBC’s valuation            
          method affects the timing of its swaps income in that the method,           






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