-220- She concluded that FNBC’s mark-to-market method was not actually a mark-to-market method. We agree with O’Brien’s conclusion that FNBC’s mark-to-market method was not in fact a mark-to-market method. We conclude that FNBC’s mark-to-market method was inconsistent with the fair market value requirement of section 475. B. Midmarket Values Section 475(a)(2) generally mandates that FNBC value each swap that it “held at the close of any taxable year * * * as if such security [swap] were sold for its fair market value on the last business day of such taxable year”. FNBC’s midmarket method failed this requirement. FNBC’s midmarket method did not ascertain midmarket values for all of the swaps which FNBC held at the end of each of its taxable years, as if those swaps had been sold at their fair market value as of the last business day of the appropriate years. The midmarket values which FNBC computed as of its early closing dates were not last business day values. Such an early valuation date is inconsistent with section 475, especially when one considers that the values of at least some of FNBC’s swaps changed significantly from the early closing date to the date of the last business day. As Sziklay noted, and we agree, the valuation date required by section 475 is December 31 for calendar year taxpayers such as FNBC, and anPage: Previous 210 211 212 213 214 215 216 217 218 219 220 221 222 223 224 225 226 227 228 229 Next
Last modified: May 25, 2011