- 18 - 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.Page: Previous 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Next
Last modified: May 25, 2011