@waisaacs wrote:
Thanks. FWIW, I did search for the obvious terms on this forum and the link you provided didn't show up.
Regarding the fair market value determination discussion in the link, I'm curious if the issue is the argument that there is not an "open market" for this item, and having such is required to establish FMV. There is a market for it, as the manufacturer is willing to sell it and a patient may be willing to buy it. But I would accept that I can't sell the item, and if that means FMV = 0, I get it.
The fair market value of something does not depend on your ability to sell the item—I'm not legally allowed to sell cigarettes in certain states because I don't have a state tobacco dealer's license, but that doesn't mean a pack of cigarettes has no FMV in my hands.
What will be trickier is establishing what the value of the medication is, because the market is so complicated and has so many outside influences, but that would be a problem for whomever you get to do an appraisal to solve.
