Charles A. and Marian L. Derby, et al. - Page 51




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          benefits received included greater professional autonomy than was           
          perceived to be available from competing acquirers and a role in            
          management.                                                                 
               Petitioners rely on the Dutcher appraisal to establish that            
          they contributed property worth more that any benefits received in          
          return.32  Petitioners' position is that they transferred property          
          with a value in excess of what they received back from SMF because          
          the Dutcher appraisal estimated the value of their intangible               
          assets at $2,515,255,33 whereas they received back from SMF only a          
          $1,156,733 payment in the aggregate.  There are a number of                 
          problems in the Dutcher appraisal's estimate of the fair market             
          value of SWMG's intangible assets and each petitioner's allocable           
          share thereof.34  However, even if it is assumed for argument's sake        

               32 Although petitioners used the Houlihan appraisal, coupled           
          with Dr. Levin's allocation formula, for purposes of claiming on            
          their returns the deductions at issue, they abandoned the                   
          Houlihan appraisal for purposes of trial and rely instead on the            
          Dutcher appraisal, prepared for them after respondent commenced             
          examinations of the returns.                                                
               33 The Dutcher appraisal treats as the value of each                   
          petitioner's intangible assets an allocable share of the value of           
          the intangible assets of SWMG, a medical group petitioners formed           
          simultaneously with the consummation of the transaction with SMF,           
          as required by the terms of the transaction.  Respondent argues             
          that because SWMG did not exist before the transaction,                     
          petitioners could not have transferred any portion of SWMG's                
          intangible value to SMF as part of the transaction.  We find it             
          unnecessary to resolve this issue for purposes of deciding                  
          whether petitioners are entitled to the charitable contribution             
          deductions claimed.                                                         
               34 Some of the more salient problems with the Dutcher                  
          appraisal include:                                                          
                                                              (continued...)          





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