Capital Blue Cross and Subsidiaries - Page 53

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          impacted by what is referred to as “human elements”.  These human           
          elements associated with petitioner’s group contracts created a             
          significant element of unpredictability with regard to the useful           
          life of petitioner’s group contracts.                                       
               Various courts have commented on the difficulties presented            
          when such human elements are associated with the valuation of               
          intangible assets.  In Ithaca Indus., Inc. v. Commissioner, 17              
          F.3d at 689-690, the Court of Appeals for the Fourth Circuit                
          concluded that the taxpayer was not allowed to amortize the value           
          of its employee workforce due in large part to the human elements           
          associated with employee behavior.                                          
               In Globe Life & Accident Ins. Co. v. United States, 54 Fed.            
          Cl. 132 (2002), the Court of Federal Claims held that the claimed           
          value of a group of insurance agents was not subject to                     
          amortization due to the many variables involved in attempting to            
          determine the useful life of an intangible asset that is directly           
          tied to human relations.  Id. at 139.                                       
               Petitioner’s expert did not adequately take into account               
          these human elements.  Indeed, there is not a single clear                  
          reference in his valuation report relating to the human elements            
          to be taken into account in the valuation of petitioner’s health            
          insurance group contracts.  One vague reference thereto comments            
          simply that “It is not possible to predict when any particular              
          group contract will lapse.”                                                 
               By valuing all 23,526 of petitioner’s group contracts based            
          on a useful life of 20 years, petitioner’s expert implicitly                





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