Bank One Corporation - Page 121

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          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 offered            






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