Bank One Corporation - Page 128

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          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 reasonably            





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