-169- 111 T.C. 210 (1998). Such is especially so where the legislative history of section 475 identifies the applicable mark-to-market rule of that section as a method of accounting applicable to securities dealers and also provides explicit rules under which taxpayers may change their methods of accounting to comply with the mark-to-market requirement. E.g., H. Rept. 103-111, supra at 666, 1993-3 C.B. at 236, 242. III. Burden of Proof Petitioner argues that respondent bears the burden of proof as to any method of accounting issue because, petitioner asserts, the notices of deficiency are arbitrary and excessive as to respondent’s method for reporting FNBC’s swaps income. According to petitioner, respondent’s method set forth in the notices of deficiency is the midmarket method, and it is only respondent who disputes that sound economic principles lead to the conclusion that the fair market value of a swap is not its midmarket value. Respondent argues in rebuttal that petitioner bears the burden of proof. First, respondent asserts, the notices of deficiency are neither arbitrary nor excessive as to the method of accounting issue. Second, respondent asserts, petitioner has previously acknowledged to the Court that it bears the burden of proof and, in any event, has raised this issue untimely. We agree with respondent that petitioner bears the burden of proof as to the method of accounting issue. Indeed, petitioner’sPage: Previous 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 Next
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