Estate of Ross H. Freeman, Deceased, Dennis Hersey, Executor - Page 12

                                       - 12 -                                         
               Klemm determined the value of the shares based on (1) a                
          capitalization of the corporation’s 1989 earnings, (2) a                    
          capitalization of the corporation’s 1989 revenues, and (3) a                
          return-on-equity analysis using the book value per share as of              
          the end of 1989.                                                            
               To capitalize the corporation’s 1989 earnings Klemm utilized           
          a capitalization rate that, in his report, he did not relate to             
          any specific publicly traded companies but merely stated was                
          “appropriate” after discussing the “price/earnings ratio of the             
          Dow Jones Industrial Average” at October 20, 1989, and the range            
          of that average for 5 years.  In his report, Klemm did not                  
          explain the capitalization rate that he used to capitalize the              
          corporation’s revenues.  To perform his return-to-equity                    
          analysis, Klemm again referred to Dow Jones Industrial Averages             
          but failed to specify any companies comparable to the                       
          corporation.  Klemm had prepared an earlier report valuing the              
          shares, which was appended to the estate tax return filed by                
          petitioner.  In that earlier report, Klemm listed eight publicly            
          traded companies that he considered comparable to the                       
          corporation.  Seven of those eight companies were omitted from              
          the report received as Klemm’s testimony.  One company (Altera              
          Corp.) is mentioned, but no analysis of that company to support             
          Klemm’s valuation methods is provided.                                      
               Using his three approaches, Klemm arrived at the following             
          three indications of value for each of the shares:                          




Page:  Previous  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  18  19  20  21  Next

Last modified: May 25, 2011