- 33 - transferred a customer list to petitioner, and the parties intended the royalties to compensate DM for the list. Respondent further argues that petitioner received the customer list in its merger with SMP. Upon termination of SMP's license with DM, SMP did not own the customer list; thus, it could not transfer it to petitioner, as respondent argues. Petitioner argues that DM also received any new customers that SMP developed when the license terminated. We do not believe the uncorroborated testimony of petitioner's witnesses that the customers developed by SMP also reverted to DM. Petitioner's business records show that it retained a larger number of customers than AVG predicted. Over 50 percent of petitioner's gross sales during the years in issue were attributable to customers from DM's customer list. Petitioner argues that AVG did not consider the actual sales generated by DM's customers when determining the value of the customer list. We recognize this as a flaw in respondent's valuation of the customer list, but there is no evidence in the record of the revenues generated by the customers in 1985. As AVG established, it is necessary to adjust the value of the customer list for petitioner's own efforts to maintain and increase the sales to the customers. SMP's 1987 gross sales of $2.8 million provide some insight into the portion of sales revenues that is due to petitioner's efforts. Without specific information about the revenues generated from the customers in 1985, our ability to value the customer list is limited. However, we find thatPage: Previous 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 Next
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