-200- the same as the swaps’ fair market value for purposes of section 475. Cf. Knight v. Commissioner, 115 T.C. 506, 516 n.6 (2000) (in passing on the fair market value of certain property, the Court declined to consider testimony of an expert who opined solely as to the “fair value” of that property). B. History of the Term “Fair Market Value” We begin our analysis of the term “fair market value” by looking at its history. We trace the first use of that term to the case of United States v. Fourteen Packages of Pins, 25 F. Cas. 1182 (E.D. Pa. 1832). There, the issue was whether fourteen packages of pins were shipped from England to the United States with a “false valuation” on the invoice which, if they were, was illegal under the Congressional Act of May 28, 1830, ch. 147, sec. 4, 4 Stat. 410. The court ruled that fair market value, market value, current value, true value, and actual value all require the same inquiry; i.e., what is the true value of the item in question? United States v. Fourteen Packages of Pins, supra at 1190. The term “fair market value” appears to have first been used for Federal income tax purposes as part of the Revenue Act of 1918, ch. 18, 40 Stat. 1057. Section 202(b), 40 Stat. 1060, of that act provides that for purposes of determining gain or loss on the exchange of property, the value of any property received equals the cash value of its fair market value. The act offeredPage: Previous 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 Next
Last modified: May 25, 2011