- 45 - expected tax payments resulting from the cashflows attributable to the intangible asset and (b) the tax benefits resulting from the amortization of that intangible asset for income tax purposes.” At trial, Dr. Hakala was asked to read the two sentences that immediately followed the sentence he quoted in his rebuttal report: “‘Including the tax affects [sic] in the valuation is common in the income and cost approaches. It is not typical in the market approach because any tax benefits would already be factored into the quoted market price through the negotiation of market participants during the bid and ask process.’” Petitioner’s expert, Mr. Howard A. Scribner,19 testified that taxes can affect the value of intangible assets but that the market approach incorporates taxes into the valuation. Specifically, Mr. Scribner was asked and answered as follows: Q: Are taxes relevant or irrelevant in a market- based valuation of an intangible asset? A: A market-based intangible asset reflects the interactions of buyers and sellers. All factors, including taxes, are reflected in those prices. We agree with petitioner that the market approach of valuing an asset incorporates the effect of taxes. Respondent’s expert relied on a source that states that the effect of taxes typically is not included in the market approach because the quoted market 19 See infra pp. 48-49.Page: Previous 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 Next
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