Donald L. Walford - Page 13

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               In the instant case, the PPM states that the EMS was                   
          purchased by Dard from CEF, an unrelated party, for $337,000 in             
          1980.  That same year, Nisona purchased the EMS from Dard for               
          $9,342,000, and Sav-Fuel purchased the EMS from Nisona for                  
          $10,350,000.  The price paid by Sav-Fuel for the EMS in 1980 was            
          over 3,000 percent greater than the price paid by Dard for the              
          same property in the same year.9  There is no evidence in the               
          record and petitioner has offered no explanation as to the                  
          massive difference in the purchase price of the EMS.  Indeed,               
          petitioner concedes on brief that the price Sav-Fuel paid for the           
          EMS was “excessive” and contends that a more plausible value for            
          the EMS was $5 million.  Petitioner testified at trial that he              
          performed his own valuation analysis of the EMS after respondent            
          disallowed the deductions.  In making this argument as to the               
          appropriate value of the EMS, petitioner relies on evidence that            
          was not admitted into the record.10                                         
               It is clear that both Sav-Fuel and Nisona grossly overpaid             
          for the EMS and that these gross overpayments were intentionally            



               910,350,000 � 337,000 = 30.71, or 3,071 percent.                       
               10Petitioner attached to his posttrial brief an affidavit              
          from a certified public accountant as to the value of the EMS.              
          However, this affidavit was not previously stipulated or offered            
          and admitted into evidence at trial.  Accordingly, petitioner is            
          not entitled to rely on the affidavit as support for his                    
          argument.  Other than this affidavit, petitioner presented no               
          other documents supporting his valuation of the EMS.                        





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