- 58 - 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 thePage: Previous 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 Next
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