Leo J. Polack - Page 14




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          ZSI would make capital expenditures of $200,000 in years 1993               
          through 1995 and of $150,000 for each year thereafter.  As                  
          discussed below, petitioner’s arguments and projections do not              
          rest on credible evidence, and we are persuaded that respondent’s           
          projections are more reliable.  We therefore accept respondent’s            
          projections regarding capital expenditures.                                 
               As near as we can tell, petitioner’s argument that                     
          respondent failed to account for the “expenditures necessary for            
          the multi-line optical readers or any expenses related to the               
          bar-coding function of Zip Sort’s business”; i.e., the presorting           
          division, stems from a misunderstanding between respondent’s                
          expert and Mr. Rhoads.  Mr. Rhoads told Mr. Cashion that $100,000           
          would be more than enough for expenses in 1993; Mr. Rhoads                  
          intended that remark to relate only to the lettershop division,             
          but Mr. Cashion interpreted that remark as relating to the                  
          lettershop division and the presorting division.  Nevertheless,             
          because there is no evidence (1) that the presorting division               
          owned, or was likely to purchase for use in its business, any               
          capital asset of substantial value12 or (2) that expenses related           


               12In holding that petitioner’s argument fails, we note that            
          the MLOCR, the only asset we know to be used in the presorting              
          division, was leased rather than owned, and both parties                    
          separately accounted for costs associated with equipment leases             
          in their projections.  Without any evidence that the presorting             
          division included other assets, we can only assume that                     
          respondent’s projections did, in fact, account for the presorting           
          division.                                                                   





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