-232-                                         
          considered in determining credit risk.  By ignoring these                   
          enhancements, a taxpayer such as FNBC fails to consider that a              
          counterparty’s credit rating may actually be equivalent to an AA            
          rating.                                                                     
                    6.  Netting                                                       
               The parties dispute whether netting applies in determining             
          the fair market value of a swap.  Respondent argues that it does.           
          Petitioner argues that it does not.  We agree with respondent.              
          Market participants during the relevant years placed significant            
          stress on the use of netting agreements, and most of FNBC’s swaps           
          during those years were covered by ISDA agreements with netting             
          provisions.  Netting lowered FNBC’s credit risk in that FNBC,               
          were it to be a nondefaulting party, could take advantage of                
          offsetting transactions in the event of counterparty default.               
               As a consequence of single- and multiple-transaction                   
          netting, when one swap is above market to the dealer and another            
          swap between the same parties is below market to the dealer,                
          credit exposure is reduced given that the corresponding                     
          obligations will be netted against one another.  As a consequence           
          of closeout netting, if one swap is above market to the dealer              
          and another swap between the same parties is below market to the            
          dealer, then in the event of default, the dealer’s potential loss           
          will be limited because these obligations also will be netted               
          against one another.  Moreover, even when one of the parties to a           
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