Framatome Connectors USA, Inc. - Page 58




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          December 30, 1993.  Using that rate, the value of FF300,240,285             
          was $50,909,756 (300,240,285/5.8975) on December 30, 1993.  The             
          difference between the value of FF300,240,285 ($53,050,302) and             
          the value of those French francs based on the exchange rate                 
          published by the Federal Reserve Bank of New York ($50,909,756)             
          is $2,140,546.                                                              
               Petitioners contend that FCI and Burndy-US bargained at                
          arm’s length and that respondent improperly relied on Burndy-US’s           
          tax return to show that the Burndy-Japan stock was worth                    
          $53,050,302.  We doubt that FCI and Burndy-US bargained at arm’s            
          length because they were related.  We conclude that FCI and                 
          Burndy-US used an inflated exchange rate to transfer excess value           
          to FCI from Burndy-US in 1993.                                              
               We agree with petitioners that the correct valuation date is           
          December 29, 1993 (not December 30).  The exchange rate published           
          for that date by the Federal Reserve Bank of New York was                   
          FF5.8400 to $1.  Thus, on December 29, 1993, FF300,240,285 was              
          worth $51,411,008 (300,240,285/5.84).  The difference between the           
          value of FF300,240,285 ($53,050,302) and the value of those                 
          French francs based on the published exchange rate for December             
          29, 1993 ($51,411,008) is $1,639,294.                                       
               We agree with petitioners that not all of the $1,639,294 is            
          excess value for 1993 because Burndy-US did not transfer the                
          shares of all four subsidiaries in 1993.  The values of the                 






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