-180- was acceptable for FNBC also to have used its mark-to-market method for purposes of section 475 as long as the method actually arrived at the fair market value of FNBC’s swaps. Stated differently, we believe that FNBC’s mark-to-market method will clearly reflect its swaps income for Federal income tax purposes if the method was in fact a mark-to-market method. 1. Acceptable in Theory Mark-to-market accounting has for decades been considered by academia and other commentators to be the most theoretically desirable of all the various systems of taxing income in that mark-to-market accounting consistently measures and levies tax on a taxpayer’s economic (or Haig-Simons) income.60 See Haig, The Concept of Income--Economic and Legal Aspects, The Federal Income Tax (1921), in Readings in the Economics of Taxation 68-69 59(...continued) believe that there may be more than one specific method of accounting that may properly be considered a mark-to-market method under sec. 475(a)(2). 60 As the Court noted in Collins v. Commissioner, T.C. Memo. 1992-478, affd. 3 F.3d 625 (2d Cir. 1993): The Haig-Simons definition of income states that income during a taxable period is properly defined as the sum of (1) the market value of rights exercised in consumption during the period, and (2) the increase in the value of the store of property rights, or wealth, between the beginning and the end of the period. Haig, The Concept of Income--Economic and Legal Aspects, in Readings in the Economics of Taxation 54 (Musgrave & Shoup eds. 1959); Simons, Personal Income Taxation 50 (1938). * * *Page: Previous 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 Next
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