-209- We find neither of these requirements in the definition of “fair value” as set forth in SFAS No. 107. Nor are we able to conclude on the basis of the record that either of these requirements has been imputed into that definition under SFAS No. 107, or, in fact, into the accountant’s definition of that term in general.66 Our understanding of the difference between these two terms is further reinforced by additional testimony from Sziklay. He concluded that Fair market value for income tax reporting purposes is related to, but not the same as, fair value for financial reporting purposes which is directed to the needs of financial statement users. The former is encompassed in the latter. I have not read anything in the trial record, expert reports, the Internal Revenue Code, Treasury regulations, Revenue Rulings, Revenue Procedures, federal tax cases, etc. to suggest that fair market value for income tax purposes must conform to fair value for financial reporting purposes for the purpose of marking-to-market * * * [FNBC’s] portfolios of derivative securities. He testified further that “the term, fair value, for accounting purposes is a broader term than fair market value for tax 66 For purposes of financial accounting, the term “fair value” denotes primarily: 1. Value determined by bona fide bargain between well-informed buyers and sellers; the price for which an asset could be bought or sold in an arm’s-length transaction between unrelated parties; value in a sale between a willing buyer and a willing seller, other than in a forced or liquidation sale. 2. An estimate of such value, in the absence of sales or quotations (e.g., the approximation of exchange price in nonmonetary transactions). [Kohler’s Dictionary for Accountants 211 (6th ed. 1983).]Page: Previous 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 Next
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