- 62 - (taxpayers are bound by the structure of their transaction), affg. T.C. Memo. 1999-425. We conclude that Burndy-US transferred excess value of $3,926,430 to FCI in 1993 by paying FCI’s hedging loss in that amount. e. The Covenants Not To Compete The US-Europe covenant not to compete had a fair market value of $8 million, of which $2 million is attributable to TRW’s not competing in the U.S. and $6 million is attributable to TRW’s not competing in Europe (European component of the US-Europe covenant). Petitioners contend that Burndy-US paid $6 million to FCI and received the European component of the covenant not to compete worth $6 million and that this benefited Burndy-US and its subsidiaries. Respondent contends that Burndy-US transferred $6 million to FCI by paying FCI that amount for a covenant not to compete that benefited FCI and its subsidiaries. In essence, respondent contends that Burndy-US received nothing for the $6 million it paid to FCI. We disagree. FC-Italy made automotive air bag connectors for the European market. FCI obtained the European component of the US-Europe covenant not to compete primarily to benefit FC-Italy. FC-Italy was a subsidiary of Burndy-US on December 22, 1992, when Burndy- US acquired the covenant not to compete, and throughout 1993, the year in issue. Thus, Burndy-US’s payment to FCI for the EuropeanPage: 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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