Subject: File Number 4-573

October 29, 2008

To Whom It May Concern:

In regard to your invitation for comments regarding the SEC’s study of mark-to-market accounting I would like to propose the following. The FASB and SEC should consider including a component in FASB 157 which includes evaluating and ascertaining the viability of the company holding the hard to value asset when coming up with a valuation. That is a company holding a hard to value asset who is a going concern may have to sell in the near future the hard to value asset to shore up capital. Conversely, you may have a company holding the same hard to value asset and the viability of the company is strong and there is significant capital to cushion any blows the economy may give. The latter company (the strong company) is not in a position where they have to sell in the near future. The premise behind what I am saying is that there should be a haircut for companies who are in a weaker position and may be forced to sell. It may be insult to injury, however the reality is that when a company or individual needs to sell an asset, and I emphasize “need,” generally they will sell it for less than what they could probably get for it if they had the option of waiting.

Thank you.

Jason Fastiggi, CPA
Scoggin Capital Management