Anclote Psychiatric Center, Inc. - Page 7

                                                 - 7 -                                                   

                        1. An independent appraisal by a qualified                                       
                  competent appraiser will be obtained, which                                            
                  determination will be the basis of the price and terms                                 
                  upon which the hospital will be sold.                                                  
                        2. All documents necessary for the closing of the                                
                  proposed sale and related consents will be negotiated                                  
                  and prepared by separate counsel for APC and the                                       
                  purchasing entity.                                                                     
                                        *  *  *  *  *  *  *                                              


                  Following Mr. O'Donnell's recommendation, the board hired                              
            Ray J. Sheldrick (Mr. Sheldrick), a business appraiser, to                                   
            determine the fair market value of the hospital.  On March 5,                                
            1982, Mr. Sheldrick submitted to petitioner his Summary Valuation                            
            Report, effective as of September 30, 1981.  Using the asset-                                
            based approach, Mr. Sheldrick determined the fair market value                               
            for the hospital as of September 30, 1981, to be in the range                                
            between $3,500,000 and $4,300,000.  Mr. Sheldrick's appraisal did                            
            not include the Belcher Road property or County Road #77                                     
            property.                                                                                    
                  On May 27, 1982, the IRS issued a PLR to petitioner.  After                            
            reiterating the facts as submitted by petitioner and presenting                              
            the applicable law, the PLR states:                                                          
                        As noted, arms-length standards will prevail                                     
                  during the negotiations and sale, as you will certify                                  
                  by maintaining appropriate records, attesting to the                                   
                  fact that the price was set at fair market value and                                   
                  that no loan abatements or other special concessions                                   
                  will be afforded to the present directors in their                                     
                  capacity as purchasers and/or operators of the                                         





Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  18  19  20  Next

Last modified: May 25, 2011