-207- in cases of marital dissolution. In Illinois, for example, the Illinois legislature has defined the fair value of a noncash asset as: (A) the amount at which that asset could be bought or sold in a current transaction between arms-length, willing parties; (B) quoted market price for the asset in active markets should be used if available; and (C) if quoted markets prices are not available, a value determined using the best information available considering values of like assets and other valuation methods * * *. [215 Ill. Comp. Stat. Ann. 5/179E-15 (West Supp. 2002).] In passing on the definition of fair value, the Illinois courts have held that the fair value of an item may be the same as its fair market value, but that the fair value of an item is not always its fair market value. Institutional Equip. & Interiors, Inc. v. Hughes, 562 N.E.2d 662, 667-668 (Ill. App. Ct. 1990); see also Laserage Tech. Corp. v. Laserage Labs., Inc., 972 F.2d 799, 805 (7th Cir. 1992). 2. Difference Between Fair Market Value and Fair Value Given the applicability to these cases of SFAS No. 107, we believe that the accountant’s definition of “fair value” is more pertinent to these cases than the State law definition. Accordingly, we apply that definition to our analysis. The concepts of “fair market value” and “fair value” are different primarily in three regards. First, whereas fair market value requires that the willing buyer and willing seller be reasonablyPage: Previous 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 Next
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