Framatome Connectors USA, Inc. - Page 54




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          the rates published by the Pacific Exchange Rate Service;                   
          (d) Burndy-US paid for FCI’s loss that resulted from the decrease           
          in the cost of yen (in French francs) after FCI bought yen which            
          it used to buy 40 percent of Burndy-Japan stock and before FCI              
          paid the yen to Furukawa and Sumitomo; and (e) Burndy-US                    
          transferred value to FCI by paying FCI $6 million for a covenant            
          not to compete that benefited FCI and its subsidiaries.                     
          Respondent contends that each of these methods was a separate               
          mechanism by which Burndy-US transferred excess value to FCI.  We           
          discuss each of these contentions next.                                     
                    a.   Transfer of European Subsidiaries and Cash by                
                         Burndy-US to FCI in Exchange for 40 Percent of               
                         Burndy-Japan Stock                                           
               Burndy-US transferred to FCI the stock of FC-Belgium and FC-           
          Switzerland in 1993 and the stock of FC-Spain and FC-Italy in               
          1994.  Respondent contends that the value of those subsidiaries             
          in 1993 was $17,577,252 more than the value of the 40-percent               
          interest in Burndy-Japan that FCI transferred to Burndy-US.                 
          Respondent relies on the fact that Burndy-US reported on its 1993           
          income tax return that the fair market value of 40 percent of               
          Burndy-Japan was $53,050,302 and the fact that the parties                  
          stipulated that the fair market value of those subsidiaries was             
          $17,577,252 more than $53,050,302.                                          
               Petitioners contend that Burndy-US did not transfer excess             
          value to FCI in 1993 when Burndy-US transferred the stock of its            






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Last modified: May 25, 2011