-239- 3. Use of Own Costs FNBC’s adjustments for administrative costs are based on FNBC’s own costs and cost allocation rules rather than on market data. We believe that such an approach was correct for purposes of section 475. As mentioned above, we value FNBC’s swaps as the difference in value between the legs. We believe that the administrative costs must be taken into account in determining the value of FNBC’s leg in that the inherent value of that leg includes FNBC’s forecast of its administrative costs related thereto. In this regard, we agree with the experts that the best approach to valuation in these cases is the income approach.80 F. Other Petitioner argues that FNBC did not include all of the adjustments to midmarket value that may have been appropriate. According to petitioner, the industry allows many adjustments, and FNBC took adjustments only for administrative costs and credit risks. Petitioner observes that the G-30 report and OCC also recommended adjustments for (1) investing and funding costs, (2) greater credit adjustments (e.g., FNBC did not take an adjustment for compensation for credit exposure), and (3) anticipated profit. 80 The record does not indicate that property similar to any of FNBC’s swaps was sold near the valuation dates so as to use the market approach. Nor does the record support applying the asset-based approach to those swaps.Page: Previous 229 230 231 232 233 234 235 236 237 238 239 240 241 242 243 244 245 246 247 248 Next
Last modified: May 25, 2011