Framatome Connectors USA, Inc. - Page 60




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          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...)           





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