- 46 - on their fair market value and then the gain or loss on the individual assets determined. Other than the assets of cash and Treasury bills, the record before us contains little information with which to ascertain the fair market value of the individual assets. In this connection, we note that any such allocation would require us to determine specific fair market values in contrast to the range standard which we were able to apply in respect of the inurement issue. Petitioner's allocation of the purchase price has several defects, one of which is that it is based upon book values of assets rather than fair market values. In any event, we have increased the purchase price, and therefore decreased petitioner's loss by $300,000 representing obligations to petitioner's pension plans assumed by AMH. We have also determined that the FPCF expenses are not deductible in the post- 1983 years, and the same reasoning applies to the $354,580 reported as an FPCF item on the Form 990 for fiscal 1983. These two adjustments total $654,880 and reduce petitioner's claimed loss to $51,942. We are satisfied that a sufficient portion of the loss on the sale of the hospital would be capital so as to eliminate any remaining loss, if there was a loss at all. Regardless, petitioner has not met its burden of proving, see supra p. 21, that it had a net operating loss for 1983.Page: Previous 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 Next
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