- 8 - Appeals affirmed this Court’s holding that petitioner had to recognize capital gains on the sale of the Carnation assets but reversed and remanded the Court’s 1995 opinion with regard to the valuation of the Carnation assets. Remand to the Tax Court and 1999 Stipulation After the Court scheduled the case for a new trial, the parties reached a basis of settlement in 1999 as to the value of the Carnation assets (1999 stipulation). The valuation dispute affected only the deficiency and overpayment determinations for the 1985 tax year.10 As part of the 1999 stipulation, the parties described the deficiency and/or overpayment computation for the 1985 tax year in their Rule 155 computations. The parties agreed to the following: 1. * * * The parties hereby stipulate that Carnation Company’s basis in the trademarks was $239,500,000 and that the capital gain upon the sale of these trademarks to NSA shall be computed by reference to the foregoing basis * * *. 2. The parties’ stipulation in paragraph 1 of Petitioner’s basis in the trademarks is for the sole purpose of resolving the remaining disputed issue in this case and has no precedential value beyond determining Carnation Company’s basis in the trademarks and goodwill/going concern value. 9(...continued) petitioner’s 1983 and 1984 tax accounts, respectively. Those funds came from interest overpaid by petitioner for the years in issue. 10 The valuation of the Carnation assets affected the amount of capital gains petitioner had to recognize for the 1985 tax year.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
Last modified: May 25, 2011