On a per-share basis, the company lost 13 cents a share, slightly wider than the Street consensus forecast of 11 cents, with share count the primary swing factor.

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Notwithstanding the nasty asides at Grover Norquist, Buffett has been quite expansive on the complex tradeoffs inherent in investment decisions, and how taxes can be a pivotal swing factor.

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Factor in some freshmen Democratic senators elected from swing states in Obama's 2008 wave (the last time this batch of seats was contested), and Republicans could run competitive challenges in 10 or more Democrat-held seats.

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Third in seniority, O'Connor has, deliberately or not, become the "swing" justice, with her moderately conservative views often the deciding factor in close 5-4 votes.

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If neither candidate concedes, a key factor will be the mandatory recount laws in Florida, Ohio, Colorado and other tightly contested swing states.

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