- 28 - in their negotiations which culminated in the 1983 sale. Additionally, when analyzing petitioner's revenues and expenses for purposes of the income approach to valuation set forth in his appraisal, Mr. Shelton states: Prior to the sale, and at the time when the hospital was owned by a not-for-profit organization, maximizing patient revenues per patient day and net income were not priority matters as they were consumed with their "totally in-secret plans" to purchase the hospital. However, the Board did not want to do anything to make the contemplated sale suspect as the members of the board covertly made preparations to sell the hospital to themselves. Thus expenses in the years immediately prior to and in the year of sale were higher than normal because of fees and costs related to the preparation and the related sale expenses. Finally, in his overall conclusion, Mr. Shelton states that the Board of Directors of petitioner "covertly schemed and planned the successful purchase of the hospital to their inurement and at the expense of this 501(c)(3) corporation". We think that Mr. Shelton's report is more characteristic of the work of a revenue agent than of an impartial, disinterested appraiser. In this connection, we note that Mr. Shelton's report was received and adjusted by respondent's National Office. We reject respondent's suggestion that we exclude Mr. Shelton's objectionable comments and admit the balance of his report. Those comments impart a pervasive negative impact on the report. We conclude that petitioner's objection based on bias is wellPage: Previous 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 Next
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