- 51 - 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...)Page: Previous 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 NextLast modified: March 27, 2008