-198- effect of FNBC’s failure to take netting into account was large and systematic. VI. Application of Fair Market Value A. Overview As just discussed, we will respect FNBC’s mark-to-market method for Federal income tax purposes if it meets the fair market value requirements of section 475. FNBC’s application of its mark-to-market method will meet those requirements only if the method arrives at the fair market value of FNBC’s swaps and does so as of the applicable valuation dates. The term “fair market value” is used throughout the Internal Revenue Code, but has never been defined by Congress.64 The 64 As the Court noted in Estate of Auker v. Commissioner, T.C. Memo. 1998-185: Disputes over valuation fill our dockets, and for good reason. We approximate that 243 sections of the Code require fair market value estimates in order to assess tax liability, and that 15 million tax returns are filed each year on which taxpayers report an event involving a valuation-related issue. It is no mystery, therefore, why valuation cases are ubiquitous. Today, valuation is a highly sophisticated process. We cannot realistically expect that litigants will, will be able to, or will want to, settle, rather than litigate, their valuation controversies if the law relating to valuation is vague or unclear. We must provide guidance on the manner in which we resolve valuation issues so as to provide a roadmap by which the Commissioner, taxpayers, and valuation practitioners can comprehend the rules applicable thereto and use these rules to resolve their differences. Clearly articulated rules will also assist appellate courts in their review of our decisions in the event of an (continued...)Page: Previous 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 Next
Last modified: May 25, 2011