Flint Industries, Inc. and Subsidiaries - Page 48




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               We find no support in the record for respondent’s                      
          allegations of unduly pessimistic valuation in connection with              
          the discontinued operations writedowns.  Petitioner presented the           
          expert testimony of Justin A. Gannon, an audit partner in the San           
          Antonio office of Arthur Andersen LLP, on the propriety of                  
          adopting discontinued operations treatment with respect to                  
          G�nther for FYE May 31, 1992.  Respondent stipulated that Mr.               
          Gannon was an expert in the field of accounting.  Mr. Gannon’s              
          report sets forth the underlying facts in support of his                    
          conclusion that discontinued operations treatment was                       
          appropriate.  Respondent did not offer any expert testimony to              
          rebut Mr. Gannon’s testimony.  Our consideration of all the                 
          evidence in this case, including but not limited to Mr. Gannon’s            
          testimony, convinces us that petitioner’s decision to adopt                 
          discontinued operations treatment was consistent with U.S. GAAP             
          and appropriate under the circumstances herein.31  Moreover,                
          petitioner has convinced us that its efforts with respect to                
          G�nther were directed to minimizing the substantial economic                
          losses it reasonably anticipated from G�nther’s catastrophic                
          financial implosion and were not structured to distort its tax              
          position.                                                                   



               31We note that the value of G�nther’s interest in Actium was           
          increased as a result of discontinued operations treatment.  This           
          writeup belies respondent's claim that discontinued operations              
          treatment was undertaken solely to buttress petitioner's claim              
          that G�nther had become worthless.                                          




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