- 38 - $146,280,000 results in a residual of approximately $35 million, which would be classified as goodwill and therefore be unamortizable. Concerning the intangible asset valuation, a difference of approximately $10 million exists between respondent’s expert’s value of $4,775,000 and petitioner’s expert’s value of $14,494,000. A substantial portion of that difference is attributable to the experts’ valuations of the customer accounts. Respondent’s expert valued the aggregate of the customer accounts at $2,350,000, whereas petitioner’s expert’s value was $12,587,000. Accordingly, in our consideration of the value of the intangibles, our primary focus is upon the acquired customer accounts. 2. Valuation of Customer Accounts Under a section 338 election, the cost of the Rose shares allocated to an individual asset may not exceed the fair market value of the asset. Respondent contends that petitioner’s expert did not use the standard for fair market value set forth in section 1.170A-1(c)(2), Income Tax Regs., and section 20.2031- 1(b), Estate Tax Regs., to wit: The price at which the property would change hands between a willing buyer and a willing seller, neither being under any compulsion to buy or sell and both havingPage: Previous 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 Next
Last modified: May 25, 2011