-218- Commissioner, supra at 70. Fair market value is determined in the market most commonly used by the ultimate consumer, and the value in that market may or may not represent the highest value for the product that is the subject of the valuation. Here, with respect to the interest rate swaps in issue, we believe that the applicable market is a market comprising largely end users (including dealers acting as end users). Having identified the appropriate market for valuation purposes, we determine the fair market value of FNBC’s swaps at the amount that an ultimate consumer/hypothetical buyer would in that market pay for the swaps on the dates of valuation, bearing in mind that the swaps are considered sold by a hypothetical seller. Petitioner asks the Court to view the hypothetical buyer as a dealer entering into swaps intending to earn a profit. We decline to do so. We believe it inappropriate to limit the hypothetical willing buyer to the requested subset of buyers rather than viewing the hypothetical buyer as a member of the broad group of potential buyers referred to in the accepted definition of willing buyer. In addition to the fact that even petitioner acknowledges that dealers enter into swaps without expecting to earn a profit, e.g., to hedge risks in its portfolio or to generate business, valuation at the equivalent of the dealer’s own bid or ask price improperly limits consideration to buyers who believe they are paying less than fair market value.Page: Previous 208 209 210 211 212 213 214 215 216 217 218 219 220 221 222 223 224 225 226 227 Next
Last modified: May 25, 2011