- 20 - his written report nor his oral testimony did Mr. Knoll state that he performed any market analysis or interviewed any developers to determine the expectations of profit required to undertake a project such as the hydroelectric facility. Although Mr. Knoll is of the opinion that at least a portion of the difference between UtilCo’s purchase price of $32,500,000 and the $24,000,000 “acquisition cost/rehabilitation cost” is attributable to going concern value, he has no opinion as to what that portion is, except as an inseparable portion of the value of a package of at least nine intangibles, including flowage rights and easements. His opinion that UtilCo acquired going concern value is of no help to us because he is unable to distinguish the going concern value from the value of other intangible assets, such as flowage rights and easements that are specifically set forth as bill of sale assets. Mr. Knoll testified in rebuttal to Mr. Moody. His rebuttal testimony failed to persuade us that Mr. Moody made any error in arriving at his opinion as to the fair market value of the bill of sale assets. III. Conclusion We find that the fair market value of the bill of sale assets was $65,000,000. As a result, we conclude that UtilCo acquired no going concern value. We sustain petitioner’s assignment of error.Page: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Next
Last modified: May 25, 2011