- 36 - He ascertained that the fair market value of the brands of beer was $93.2 million. This amount is more than $90 million higher than both the amount shown in the Allocation Agreement and the amount ascertained by Tonna. It is approximately $90 million higher than the amount determined by respondent. It is almost three-fourths of the amount of the total consideration that Heileman paid for all of the Transferred Assets. Fourth, Weinberg testified that the income production capability of a brewery's assets is the only measure of the assets' fair market values because brewery assets have value only to another brewery. We are not persuaded. Although Weinberg may be correct with respect to certain types of machinery and equipment which are specially customized to the brewing industry, a fact that we do not find, we are not persuaded that the same would hold true with respect to a brewery's land and/or building. Having disregarded the valuation portion of all of the experts' opinions, we are left to determine the fair market value of the subject assets from the record before us. See Tripp v. Commissioner, 337 F.2d at 434; Goldstein v. Commissioner, 298 F.2d at 567. An actual sale of stock may be relevant in measuring the value of the underlying corporate assets. See Kalmon Shoe Manufacturing Co. v. Commissioner, 321 F.2d 189 (8th Cir. 1963), affg. T.C. Memo. 1962-56; Schmick v. Commissioner, 3 B.T.A. 1141 (1926); Hinkel v. Motter, 39 F.2d 159 (D. Kan. 1930); see also Ingram-Richardson, Inc. v. Commissioner, T.C.Page: Previous 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 Next
Last modified: May 25, 2011