James H. Swanson and Josephine A. Swanson - Page 35

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          Bertoli v. Commissioner, 103 T.C. 501, 511-512 (1994); Allen v.             
          Commissioner, T.C. Memo. 1988-166.                                          
               Respondent argues that even if Congress originally intended            
          acquisition cost as the proper measure of net worth, relatively             
          recent trends in generally accepted accounting principles (GAAP)            
          require that such a measure be abandoned.  We have considered               
          respondent's arguments on this point and find them off the mark.            
          While there has been a change in the rules regarding the method             
          by which individuals prepare their financial statements, there              
          has been no change in the definition of acquisition cost under              
          GAAP, and as that was the standard set forth in the legislative             
          history, it is the measure of net worth we apply to this case.24            
               After careful review of the record, we find that petitioners           
          have adequately set forth a statement of their net worth pursuant           
          to Rule 231(b)(5) and have met the burden of proving that their             
          separate net worths did not exceed $2 million on the date they              
          filed their petition.                                                       
               We have considered all other arguments raised by respondent            
          regarding the net worth requirement and, to the extent not                  

          24                                                                          
               As noted by the Courts of Appeals for the Ninth and Seventh            
          Circuits, "the cost of acquisition" under GAAP is arrived at by             
          subtracting accumulated depreciation from the original cost of an           
          asset.  American Pacific Concrete Pipe Co., Inc. v. NLRB, 788               
          F.2d 586, 590-591 (9th Cir. 1986); Continental Web Press, Inc. v.           
          NLRB, 767 F.2d 321, 322-323 (7th Cir. 1985).  We do not here                
          decide whether depreciation should be used in determining net               
          worth for purposes of sec. 7430(c)(4)(A), as petitioners'                   
          separate net worths, whether computed using depreciation or not,            
          do not exceed $2 million.                                                   




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