- 39 - reasonable knowledge of relevant facts.18 That standard assumes a hypothetical buyer and seller so as to employ an objective standard that would avoid “the uncertainties that would otherwise be inherent if valuation methods attempted to account for the [idiosyncracies of the particular seller or buyer]”. Propstra v. United States, 680 F.2d 1248, 1252 (9th Cir. 1982). Respondent contends that petitioner’s approach to value is not objective and does not take into account the hypothetical buyer and seller standard set forth in the regulations. Continuing in that vein, respondent contends that petitioner’s expert failed to take into account the intangibles, such as goodwill, and merely focused on the potential for an income stream from Rose’s customer accounts. Respondent’s wooden reliance on the definition19 of fair market value in section 1.170A-1(c)(2), Income Tax Regs., and section 20.2031-1(b), Estate Tax Regs., misses the point. Respondent ignores the fact that there was an actual purchase of Rose by a willing buyer who was not under any compulsion to buy-- 18 We note that respondent made the same argument with respect to petitioner’s use of its own experience with respect to the useful lives of the acquired Rose accounts. Our comment with respect to the issue of value apply equally to both arguments. 19 Sec. 338 contains no reference to that definition and provides no definition for purposes of the allocation of stock purchase price to acquired assets. In addition, sec. 338 permits taxpayers to allocate a portion of the acquisition cost to each asset in an amount that does not exceed the fair market value of the asset.Page: Previous 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 Next
Last modified: May 25, 2011