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#11
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Why is FMV in your example only defined by the one human being willing to pay the most? Suppose a card in auction where one guy puts in a ceiling of 100, the next highest real bid is 50, and the auctioneer drives it up to 100. Nobody else on earth thought it was worth more than 50. So did one guy, assisted by the criminal auctioneer, now define a new FMV?
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