-244- We return this case to the parties to prepare a computation or computations under Rule 155. In that financial products are an integral part of our Nation’s major institutions, far better it is to have an acceptable valuation method as to these products, even though checkered by occasional variance, than to remain in the gray twilight of uncertainty. The parties should determine the fair market value of each of FNBC’s swaps and other like derivative products by valuing the derivative at its midmarket value as properly adjusted on a dynamic basis for credit risk and administrative costs. A proper credit risk adjustment must reflect the creditworthiness of both parties, with due respect to netting and other credit enhancements. A proper administrative costs adjustment must be limited to incremental costs. XIII. Postscript--Weight Given to Expert Testimony A. Role of the Experts We set forth herein our opinions as to the various experts and the weight that we have given to their respective testimony. The Court has broad discretion to evaluate the cogency of an expert’s analysis (including that of a Court-appointed expert). Neonatology Associates, P.A. v. Commissioner, 115 T.C. 43, 85 (2000), affd. 299 F.3d 221 (3d Cir. 2002); see also Pennwalt Corp. v. Durand-Wayland, Inc., 833 F.2d 931, 943 (Fed. Cir. 1987) (Bennett, J., dissenting in part) (majority “certainly should notPage: Previous 234 235 236 237 238 239 240 241 242 243 244 245 246 247 248 249 250 251 252 253 Next
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