Estate of Robert E. Cartwright, Deceased, Dorothy G. Cartwright, Executrix - Page 24

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          for $907,594, consisting of:  (a) $10,000 that decedent paid for            
          the stock, and (b) $897,594, decedent’s pro rata share of CSB’s             
          earned but unpaid profits.                                                  
               Spiro also applied a 15-percent control premium.  He                   
          concluded that the value of decedent’s CSB stock was $1,043,733.            
               Under the 1973 agreement, not more than 19 percent of CSB’s            
          payment to decedent’s estate would have been for decedent’s CSB             
          stock, and at least 81 percent would have been for his work in              
          process.  If we apply those percentages to the $5 million                   
          payment, not more than $950,000 of the $5 million insurance                 
          proceeds was paid for decedent’s CSB stock, and at least                    
          $4,050,000 was paid for his work in process.  This analysis                 
          justifies respondent's position that only $1,105,762 was paid to            
          redeem decedent's stock.                                                    
               Petitioner argues that part of Spiro’s report was                      
          inadmissible because it included his legal opinion about the                
          meaning of the 1973 agreement and the 1988 amendment.  Petitioner           
          is sounding a false alarm.  We do not consider Spiro’s legal                
          opinions in deciding this case.  Aguilar v. International                   
          Longshoremen’s Union Local #10, 966 F.2d 443, 447 (9th Cir.                 
          1992); Marx v. Diners' Club, Inc., 550 F.2d 505, 509 (2d Cir.               
          1977).  However, it is appropriate that Spiro disclose the                  
          assumptions he made about the rights of CSB and decedent under              
          the 1973 agreement and the 1988 amendment.  Knowing his                     





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