Robert Dallas - Page 18

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          Commissioner, 110 T.C. 530, 559 (1998).  The assumptions of                 
          petitioner’s witnesses that a hypothetical buyer and seller would           
          assume without any supporting evidence that those events would              
          occur detracts from the credibility of their opinions.  See Gross           
          v. Commissioner, 272 F.3d at 351-355.                                       
               Petitioner contends that the testimony of Oliver and                   
          Nammacher establishes that a hypothetical willing buyer would               
          tax-affect earnings in valuing DGA stock.  We disagree.                     
                         i.   Oliver’s Testimony                                      
               Oliver initially testified that MPI tax-affected DGA’s                 
          earnings to apply C corporation tax rates and later testified               
          that MPI reduced DGA’s earnings to reflect individual income tax            
          rates.  Oliver was substantially unfamiliar with the MPI report.10          
          The MPI report contained passages lifted verbatim from the Empire           
          report.  We give Oliver’s testimony little weight.                          





               9(...continued)                                                        
          distributed.  We said that, in determining the present value of             
          an expected stream of earnings, any tax-affecting to reflect the            
          shareholder-level tax burden should be done equally (or not at              
          all) to both the discount rate and the expected cashflows, with             
          the result that, in either case, the present value determined               
          would be the same.  That analysis is independent of the                     
          proportion of earnings distributed.                                         
               10  Petitioner also called Hassan, another MPI employee, as            
          a witness.  However, Hassan did not testify about tax-affecting,            
          executive compensation, or discounts.                                       





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