Bank One Corporation - Page 86

                                        -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’s           






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