- 16 - convincing than Empire’s and MPI’s reports and the testimony in support of those reports. AE’s report and the testimony of Vandervliet and Kettell were cogent and thorough. Vandervliet and Kettell wrote the AE report and explained it clearly. Empire’s letter report was, by its terms, limited. Nammacher’s testimony in support of Empire’s report was unconvincing for reasons stated at paragraph C-2-b-ii, below. MPI copied portions of its report verbatim from the Empire report. 2. Tax-Affecting a. Background Petitioner’s expert witnesses reduced DGA’s projected income by 40 percent (Empire) and 35 percent (MPI) based on “tax- affecting”. Empire reduced DGA’s projected profits by 40 percent on the assumption that, after a sale, the corporation will lose its S corporation status.8 See, e.g., Gross v. Commissioner, T.C. Memo. 1999-254, affd. 272 F.3d 333 (6th Cir. 2001). MPI reduced DGA’s projected profits by 35 percent because a shareholder is 8 The income of a C corporation is subject to income tax at the corporate level, and shareholders are taxed on dividends paid by a C corporation. Secs. 11, 61. In contrast, the income of an S corporation generally is not taxed at the corporate level, but is passed through to the shareholder and taxed to the shareholder when earned, whether or not the corporation pays dividends. Sec. 1366. Nammacher’s testimony suggests that Empire tax-affected DGA’s earnings on the assumption that DGA would lose its S corporation status after or as a result of the hypothetical sale of its stock. Oliver testified that this is why MPI tax-affected DGA’s earnings.Page: Previous 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Next
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