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Date
Rule
801.11
Staff
Karen Berg
Response/Comments

Use the full market value, without regard to a mortgage.

Question

From: Berg, Karen E. <KBERG@ftc.gov>
Sent: Friday, October 29, 2021 12:01:44 PM (UTC-05:00) Eastern Time (US & Canada)
To: [Redacted]
Cc: HSRHelp <HSRHelp@ftc.gov>
Subject: RE: Size-of-Person Test - Income-producing property question - Time Sensitive

Use the full market value, without regard to a mortgage.


From: [Redacted]
Sent: Thursday, October 28, 2021 12:56:50 PM (UTC-05:00) Eastern Time (US & Canada)
To: HSRHelp <HSRHelp@ftc.gov>
Subject: Size-of-Person Test - Income-producing property question - Time Sensitive

Good afternoon!

We have a natural person UPE and are trying to determine whether the size-of-person test is satisfied. He has income-producing property, but it is mortgaged. When considering the value of the income-producing property assets, do we include the full market value or just the equity value?

Thanks!

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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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