- 165 - Petitioners, in a footnote on brief, also presented the following case analysis: Sammons v. Commissioner, 838 F.2d 330, 337 (9th Cir. 1988), [affg. in part and] rev’g [in part] T.C. Memo. 1986-318 (no negligence when taxpayer relies on an appraisal that is at least “reasonably debatable”); McMurray v. Commissioner, 985 F.2d 36, 42-43 (1st Cir. 1993), [affg. in part,] rev’g [and remanding] T.C. Memo. 1992-27 (absent evidence of bad faith, expert valuation precludes negligence penalty, even if opinion given no weight in determining value). Further, courts are reluctant to find negligence where the transactions are complex and no clear authority exists. Kantor v. Commissioner, 998 F.2d 1514, 1522 (9th Cir. 1993), [affg. in part and] rev’g [in part] T.C. Memo. 1990-380 (negligence not found, no authority squarely addressing questions in issue); Foster v. Commissioner, 756 F.2d 1430, 1439 (9th Cir. 1985), [affg. in part and vacating in part] * * * 80 T.C. 34 [1983] (negligence not found; no clear authority; complex section 482 issues involved). We did not find a factual fit with the cited cases or a reason to apply the same rationale under the factual findings we have made in these cases. Additionally, respondent asks us to take cognizance of the familiarity of Bain to petitioners and their worldwide network. Respondent’s argument implies that familiarity allowed petitioners and/or their representatives to cause a valuation that fit within their structuring of the transaction. Respondent contends that the Bain comfort letter had been manipulated by DHL’s attorney/representatives to support a predetermined value. We have found that the parties did not respect the values of individual assets and, instead, worked together to reach an agreement within the context of a fixed offer price from thePage: Previous 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 Next
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