-211- 3. Conclusion For the foregoing reasons, we conclude that the fair value of FNBC’s swaps does not equal their fair market value.67 VII. Property To Be Valued We consider next the specific property that must be valued. Each piece of property is an interest rate swap to which FNBC is a party.68 Each swap’s benefit is realized by the party thereto that is entitled to receive the higher interest rate on the valuation date. Each swap’s detriment is suffered by the party thereto that is required to pay that higher rate. Given the bilateral nature of a swap, we believe that the fair market value of an interest rate swap is best ascertained by 67 As to the specifics of FNBC’s swaps income methodology, and the question of whether that method arrived at the fair market value of FNBC’s swaps for Federal income tax purposes, Sziklay testified credibly that he was unable to answer that question. He opined that the adjusted midmarket method is a customized version of the discounted cashflow method, and that a proper implementation of the adjusted midmarket method may result in a fair market value consistent with the meaning of that term for Federal income tax purposes. He testified, however, that FNBC’s sole use of its adjusted midmarket method to value its swaps was inconsistent with the general practice of the business appraisal profession to use more than one approach to value an asset. He specifically took exception to the fact that petitioner produced no evidence of ever using the market comparables approach to valuation, even as to a sample of its financial derivative transactions. 68 We hereinafter limit our analysis to the treatment of interest rate swaps. We believe on the basis of our understanding of the other financial derivatives at issue that the tax treatment of those derivatives follows naturally from our decision as to FNBC’s interest rate swaps. If we are mistaken on that point, then either party may bring this to our attention.Page: Previous 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 219 220 Next
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