Oak Harbor Freight Lines, Inc. - Page 8




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          show a value of $0 for the operating authorities.2  In addition,            
          petitioner's quarterly report to the Interstate Commerce                    
          Commission for the third quarter of 1994 shows the value of                 
          petitioner's total intangible property was $520,677 at the                  
          beginning of 1994, and $0 at the close of the quarter.3                     
               The question whether the pre-1995 authorities became                   
          entirely worthless some time before or exactly at the moment the            
          year 1994 expired serves no purpose.  As the legal life of the              
          operating authorities and the year 1994 each approached their               
          coterminous final moments, any value remaining with the operating           
          authorities after enactment of the FAAAA would have rapidly                 
          approached zero.  Thus, the residual value of the pre-1995                  
          authorities during the last seconds of 1994 could have been no              
          more than de minimis.  Accordingly, we find that petitioner's               
          subjective judgment of the value of its pre-1995 operating                  
          authorities was reasonable and well founded.                                
               Furthermore, we find that fixed and identifiable events                
          causing the worthlessness of the operating authorities occurred             

               2The financial reports also show that for the same period              
          during the previous year, the value of the intrastate operating             
          authorities was $520,677.  The balance sheet of petitioner's                
          financial statements compiled as of January 31, 1995, also shows            
          a value of $0 for the operating authorities.                                
               3Petitioner's annual report to the Interstate Commerce                 
          Commission for the year ended Dec. 31, 1994, also shows the value           
          of petitioner's total intangible property was $0 at the close of            
          the year.                                                                   





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