1104010 Informal Interpretation

Date:
Rule:
802.2(g)
Staff:
Michael Verne
Response/Comments:

- You can deduct the undeveloped property and the 300 acres of land, but not the grapevines or the winery. 

Question

From:

(Redacted)

Sent:

Wednesday, April 20, 2011 12:02 PM

To:

Verne, B. Michael

Subject: Section 802.2(g)

Mike: Our client is negotiating to acquirewinery. The assets include 300 hundred acres of vineyards, 100 acres ofundeveloped land and the winery which includes the building and equipment tooperate the winery and the trademarks. My question is whether the valueattributed to the vineyards and the undeveloped property can be deducted fromthe total acquisition price in determining whether an HSR filing is required. Iassume that the answer is yes, but under the 2002 amendment to 802.2(g) it isnot clear.

About Informal Interpretations

Informal interpretations provide guidance from previous staff interpretations on the applicability of the HSR rules to specific fact situations. You should not rely on them as a substitute for reading the Act and the Rules themselves. These materials do not, and are not intended to, constitute legal advice.

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