- 22 - because the "arrangement did not legally, or as a practical matter, impose mutual obligations * * * to sell and * * * to buy * * * [and] each party's obligation to act was contingent upon exercise of the put or call, an event which might well fail to occur." Id. at 844-845. The same is true here. When viewed from the perspective of December 31, 1981, the open-ended options may never have been exercised. To the extent that GNN's expert, Daniel Frisch, testified to the contrary, we find this testimony unpersuasive. Among other things, Mr. Frisch assumed that GNN would always have the $31.5 million in funds necessary to exercise its call. Mr. Frisch also failed to account properly for the real-life possibility that, even though GNN's call may have been "in the money", GNN may have declined to exercise its call because the rate of return on an alternative investment of the $31.5 million may have exceeded GNN's cost of declining to exercise its call. We hold that the sale occurred in 1989. In so holding, we have considered all arguments made by GNN for a contrary holding and, to the extent not discussed above, find them to be irrelevant or without merit. To reflect the foregoing, Decision will be entered under Rule 155 in docket No. 17763-95; decision will bePage: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Next
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