RJR Nabisco Inc. (Formerly R.J. Reynolds Industries, Inc.) and Consolidated Subsidiaries - Page 25

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               concerning the assets other than fixed assets.  But as                 
               regards the fixed assets, the “net book value” used as                 
               a basis merely gives a formal accounting figure which,                 
               in the present case, cannot be considered adequate.                    
                    (3)  For the purposes of the present case, and for                
               the fixed assets, it is a depreciated replacement value                
               that seems appropriate.  In consequence, taking that                   
               basis for the fixed assets, taking the order of value                  
               indicated in the Joint Report for the non-fixed assets,                
               and taking into account the legitimate expectations of                 
               the concessionaire, the Tribunal comes to the                          
               conclusion that, at the date of 19 September, 1977, a                  
               sum estimated at $206,041,000 represented the                          
               reasonably appraised value of what constituted the                     
               object of the takeover.                                                
                    (4)  According to the above mentioned data, the                   
               sum total of the amount due to Aminoil as at                           
               19 September, 1977, comes to $206,041,000 less the                     
               liabilities of $123,041,000, that is to say                            
               $83,000,000.  This represents the outcome of the                       
               balance-sheet of the rights and obligations of the                     
               Parties as at 19 September, 1977.                                      
                    (5)  In order to establish what is due in 1982,                   
               account must be taken both of a reasonable rate of                     
               interest, which could be put at 7.5%, and of a level of                
               inflation which the Tribunal fixes at an overall rate                  
               of 10%, - that is to say at a total annual increase of                 
               17.5% in the amount due, over the amount due for the                   
               preceding year.                                                        
                    (6)  Capitalizing the above-mentioned figure of                   
               $83,000,000 at a compound rate of 17.5% annually, gives                
               the amount specified in the Operative Section                          
               (Dispositif) below.                                                    
               D.  Petitioner’s Tax Treatment of the Award                            
               Petitioner took the award into account in determining the              
          consolidated Federal income tax liability of the affiliated group           
          for 1982.  Petitioner identified the various components giving              
          rise to the $179 million payment and made the following                     
          allocations:                                                                



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