- 60 - cost to FCI. Respondent contends that the cost was excessive because exchange rates for French francs to yen published by the Pacific Exchange Rate Service were less than the rates that FCI negotiated with unrelated banks. We disagree. FCI bought the yen after bona fide arm’s-length negotiations with unrelated banks.27 We conclude that Burndy-US did not transfer excess value to FCI in 1993 by using exchange rates for the cost of yen in French francs on July 30 or August 2, 1993, that differed from rates published by the Pacific Exchange Rate Service. d. Payment by Burndy-US of the Loss That Resulted From the Decrease in the Cost of Yen (in French Francs) After FCI Bought Yen Which FCI Used To Buy 40 Percent of Burndy-Japan Stock and Before FCI Paid the Yen to Furukawa and Sumitomo FCI lost FF22,145,063 (FF300,356,423 less FF278,211,360) or $3,926,430 resulting from the decrease in the cost of yen relative to French francs between July 30 or August 2, 1993, when FCI paid French francs to buy yen with which it bought 40 percent of Burndy-Japan stock, and September 29, 1993, when FCI paid the yen to Furukawa and Sumitomo.28 Burndy-US paid the FF22,145,063 27 In light of this conclusion, we need not decide petitioners’ contention that constructive dividends resulting from different exchange rates is a new issue. 28 On July 30 and Aug. 2, 1993, FCI paid a total of FF300,356,423 to buy �5,208,000,000. FCI paid �5,208,000,000 to Furukawa and Sumitomo on Sept. 29, 1993. The yen to franc exchange rate decreased between the time that FCI bought the yen and Sept. 29, 1993. On Sept. 29, 1993, FCI calculated that �100 traded for FF5.342. At that conversion rate, FF278,211,360 (continued...)Page: 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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