- 51 - profits. We disagree. Burndy-US, Furukawa, and Sumitomo negotiated the amount of the royalties, commissions, and profit distributions at arm’s length. Generally, no disproportionate benefit results from an arm’s-length negotiation. United States v. Davis, 370 U.S. 65, 72 (1962) (the value of two properties exchanged in an arm’s-length transaction is presumed to be equal); Elmhurst Cemetery Co. v. Commissioner, 300 U.S. 37, 39 (1937) (the value assigned to property by a buyer and seller dealing at arm’s length is persuasive evidence of its fair market value); S. Natural Gas Co. v. United States, 188 Ct. Cl. 302, 412 F.2d 1222, 1252 (1969) (the price of property sold in an arm’s- length transaction is presumed to be its fair market value). Petitioners point out that in United States v. Parker, 376 F.2d 402 (5th Cir. 1967), the U.S. Court of Appeals for the Fifth Circuit held that a taxpayer who owned 80 percent of the outstanding stock of a corporation owned more than 80 percent of the value of the stock of that corporation. Here, the veto provisions, supermajority requirements, and rules for electing directors increased the value of the Burndy-Japan stock held by Furukawa and Sumitomo relative to the value of the stock held by Burndy-US and decreased the value of the Burndy-Japan stock held by Burndy-US relative to the value of the stock held by Furukawa and Sumitomo. See Alumax, Inc. v. Commissioner, 165 F.3d at 825.Page: Previous 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 Next
Last modified: May 25, 2011