Dharma Enterprises - Page 33

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          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 that                  


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