- 24 - client. As will subsequently appear, however, there are serious questions as to the extent to which the negotiations adequately took into account certain financial aspects of the transaction which may cause the negotiations and the resulting sale price to be categorized as not being at arm's length and therefore giving rise to inurement. Among the elements involved are consideration or lack of consideration given to the changes in values of items reflected in petitioner's balance sheet between September 30, 1981, and May 8, 1983, the proper valuations of the Belcher Road and County Road #77 parcels, the measure of petitioner's obligations under its pension plan, the value, if any, of the certificate of need for 31 additional beds, and the impact of changes in methods of reimbursement in respect of Medicare reimbursements and of the sales of the hospital in 1985 and 1990. These elements bear directly on the determination of the range of fair market values and consequent inurement, if any. An element in resolving the question of fair market value, and therefore inurement, is the extent to which evidence as to events and actions occurring after the date of the 1983 sale can be taken into account. Petitioner has raised a number of objections to such evidence, particularly the evidence relating to the 1985 sale of the property and the circumstances surrounding such sale, on the ground of relevancy.Page: Previous 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 Next
Last modified: May 25, 2011