Estate of Beatrice Ellen Jones Dunn - Page 24




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          the alternative minimum tax, reduced by certain credits.  Net               
          income tax exceeds the tentative minimum tax only in years when             
          there is no alternative minimum tax.  Thus, the effect of section           
          38(c) is to limit the use of the investment tax credit to taxable           
          years for which the company is not liable for alternative minimum           
          taxes.  Likewise, under section 53(c), the alternative minimum              
          tax credit is available only to the extent that the company’s               
          regular tax liability (reduced by certain allowable credits)                
          exceeds its tentative minimum tax, which only occurs when there             
          is no alternative minimum tax.  Thus, section 53(c) also limits             
          the use of the alternative minimum tax credit to taxable years              
          for which the company is not liable for alternative minimum                 
          taxes.  Accordingly, we find that the hypothetical buyer and                
          seller would not consider the credits in valuing Dunn Equipment.8           
               B.  Asset-Based Value                                                  
               The parties agree that the underlying asset values used by             
          Mr. Frazier are in accordance with Dunn Equipment’s balance sheet           
          of May 1991.  However, as noted above, in calculating net asset             
          value, Mr. Frazier calculated what he considered liquidation                
          value.  On this basis, he assigned no value to two prepaid                  
          accounts listed on the balance sheet.  Further, he reduced his              



               8 Respondent also argues that the investment and alternative           
          minimum tax credits should affect Dunn Equipment’s asset-based              
          value.  For the reasons stated above, we reject this argument.              





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