- 7 - transactions and identifiable events that establish worthlessness in 1994, and that petitioner did not sustain the loss until its interim permits were replaced by new general permits during 1995. We disagree. In A.J. Indus., Inc. v. United States, 503 F.2d 660, 670 (9th Cir. 1974), the court concluded that "the subjective judgment of the taxpayer * * * as to whether the business assets [of the taxpayer] will in the future have value is entitled to great weight and a court is not justified in substituting its business judgment for a reasonable, well-founded judgment of the taxpayer." On August 23, 1994, Congress enacted the FAAAA. The House conference report that accompanied the legislation indicates that Federal preemption of State authority to regulate the price, route, or service for intrastate transportation would destroy the value of the pre-1995 operating authorities. See H. Conf. Rept. 103-677 at 216 (1994) ("The conferees recognize that * * * [preemption] will eliminate the asset value of the operating authority of those affected motor carriers."). We have no doubt that when Congress enacted the FAAAA in August 1994 the value of petitioner's operating authorities plummeted. Petitioner reported to third parties that the operating authorities were worthless during 1994. The balance sheet of petitioner's financial statements compiled as of July 31, 1994,Page: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
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