- 57 - We conclude that Burndy-US transferred to FCI excess value of $15,807,495 ($14,677,250 for FC-Belgium and $1,130,245 for FC- Switzerland) in 1993 by transferring the stock of FC-Belgium and FC-Switzerland to FCI.25 b. Exchange Rates Respondent contends that Burndy-US transferred $2,140,546 to FCI by using an inflated exchange rate to value French francs in 1993 when Burndy-US transferred its European subsidiaries and cash to FCI in exchange for a 40-percent interest in Burndy- Japan. Respondent bases this contention on exchange rates for December 30, 1993, published by the Federal Reserve Bank of New York. Petitioners contend that the exchange rates that Burndy-US and FCI used were the result of arm’s-length negotiations, and that the published rates are entitled to no weight. We disagree in part with both parties. FCI agreed to sell 595,200 shares of Burndy-Japan stock to Burndy-US for FF300,240,285 (or $53,050,302, the amount Burndy-US reported on its income tax return). The exchange rate published by the Federal Reserve Bank of New York was FF5.8975 to $1 for 25 Burndy-US reported on its 1993 return that it paid $17,690,552 in cash as a part of that transaction. Petitioners contend that Burndy-US paid only $17,289,162. We need not decide which amount is correct because respondent did not determine that a constructive dividend resulted from the $17,690,552 cash component. Similarly, we need not decide petitioners’ contention that we must use the fair market value of francs, not Burndy-US’s tax basis in those francs, to decide which amount is correct.Page: Previous 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 Next
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