-247- limited the hypothetical buyer to a dealer seeking to earn a spread. See e.g., Dellinger v. Commissioner, 32 T.C. at 1185. Third, Smithson’s testimony was sometimes evasive or nonresponsive when it came to responding to questions that were damaging to petitioner’s case. For example, whereas Smithson continued to endorse FNBC’s methodology as to its credit adjustment, he knew quite well that FNBC’s use of an 80-percent confidence level was wrong. Smithson even acknowledged on cross-examination that he had written a book that advised using the mean confidence level and that, in 1993, he would have advised FNBC to use a confidence level other than the 80-percent confidence level. Fourth, Smithson’s testimony indicates his belief the a single bid/ask spread applies to a given swap. Such a belief contrasts sharply with our finding that the bid/ask spread usually differed depending on whether a dealer entered into a swap with another dealer, on the one hand, or with an end user, on the other hand. Such a belief also ignores the fact that a dealer sometimes intended to lose money on a specific swap so as to risk-manage its books (and thus maximize its overall profit) or to develop its clientele. As to respondent’s two remaining experts, O’Brien and Carney, we found each of these individuals to be helpful as to her or his area of expertise. We found likewise as to Sziklay, the other Court-appointed expert. We did not find the testimonyPage: Previous 237 238 239 240 241 242 243 244 245 246 247 248 249 250 251 252 253 254 255 256 Next
Last modified: May 25, 2011