51-15-5. Fair market value determinations; gross assets determination.

A corporation may establish the fair market value of total gross assets for the purpose of the limitations under Code Section 51-15-4 through any method reasonable under the circumstances, including:#

1. (1)

   By reference to the going concern value of the assets or to the purchase price attributable to or paid for the assets in an arm’s length transaction; or#

2. (2)

   In the absence of other readily available information from which fair market value can be determined, by reference to the value of the assets recorded on a balance sheet.#

Total gross assets include intangible assets.#

Total gross assets include the aggregate coverage under any applicable third-party liability insurance that was issued to the transferor whose assets are being valued for purposes of this Code section, which insurance has been collected or is collectable to cover successor asbestos related liabilities except compensation for liabilities arising from workers’ exposure to asbestos solely during the course of their employment by the transferor. For purposes of this subsection, a settlement with an insurance company shall fix what amount of coverage was collectable.#