Bank One Corporation - Page 172

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          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 testimony            






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