- 16 - expert testimony in making our finding as to the value of the shares. We found Spiro to be convincing, and we agree with his valuation, as corrected by respondent, as to the value of the shares. We had difficulty with Klemm’s valuation, and we will set forth some of our more significant concerns. We accorded Klemm’s valuation no weight. IV. Klemm’s Testimony A. Approaches to Valuation Klemm followed three approaches in valuing the shares: Capitalization of earnings, capitalization of revenues, and return on equity. His aim was to find the price that the market would set for a share of the common stock of the corporation on October 22, 1989. Under each approach, such a market price was the unknown to be discovered. Under each approach, that unknown was a function of two variables, one particular to the corporation (e.g., earnings) and one reflective of the market (i.e., a variable characteristic of publicly traded companies comparable to the corporation). Our first major concern is with Klemm’s identification of variables characteristic of publicly traded companies comparable to the corporation. Simply put, petitioner has failed to persuade us that Klemm identified companies comparable to the corporation and used data with respect to those companies to derive the appropriate market- reflective variables. In our findings of fact, we pointed out the discrepancy between Klemm’s earlier report and his expertPage: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Next
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