- 40 - Petitioners urge that “common sense” requires a decision in their favor. They argue that they incurred losses, not gains, on the transactions leading to formation of the Sta-Home for-profit entities. They point to balance sheets which show that the liabilities they assumed exceeded the value of the assets they acquired. We disagree with petitioners’ so-called common sense rationale. To the contrary, we think it obvious that a company’s negative book value does not require a finding that the company had a fair market value of less than zero. Nor does the fact that a company operates at a loss mean that its intangible assets have no value. Those assets are still capable of generating revenue, thus proving they have value. Even petitioners’ tax adviser, Pettis, testified to that effect. Moreover, the Sta-Home tax-exempt entities’ assets generated revenues of approximately $45 million in the year they were transferred to the Sta-Home for-profit entities. The Sta-Home tax-exempt entities reported a modest income from operations, but, after deducting interest and depreciation (mostly for their fleet of automobiles), they reported a loss of $506,713. Although in 1995 they also reported an increase for the third consecutive year in the negative net asset value to a new total of $1,408,248, the evidence shows that their fourth employee bonus in that year amounted to some $2,314,086. Had they notPage: Previous 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 Next
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