-246- B. Court’s Impression of the Experts We find Duffie, Parsons, and Smithson to be helpful to our general understanding of the financial products at hand and the workings of the related financial market. We find the first two men to be more credible than the third as to their respective analyses and conclusions. First, we view Smithson as biased in that he is affiliated with and has served on the board of the ISDA. The ISDA joined in filing with the Court a brief of amici curiae in support of petitioner. Second, this Court’s determination of fair market value requires that we apply the firmly established standard of willing buyer/willing seller. Smithson’s analysis as to fair market value was inconsistent with that standard in that it was skewed improperly towards the price that a willing buyer would want to pay for a swap as opposed to the balanced price that a willing buyer would have to pay for the swap in order for a willing seller to sell the swap to the willing buyer. E.g., Pabst v. Commissioner, T.C. Memo. 1996-506 (the Court found that an expert did not properly analyze fair market value when the expert stressed that the subject asset “is only worth what a buyer will pay for it.”); accord Estate of Cloutier v. Commissioner, T.C. Memo. 1996-49; Mandelbaum v. Commissioner, supra. Smithson’s testimony as to a hypothetical buyer also focused inappropriately on the amount that a “dealer” would be willing to pay for the swap and further inappropriatelyPage: Previous 236 237 238 239 240 241 242 243 244 245 246 247 248 249 250 251 252 253 254 255 Next
Last modified: May 25, 2011