- 37 - Based on the arguments of the parties and the record, we conclude that a 15-percent discount for lack of marketability is appropriate for the stock of Kosman, Inc. c. Nonvoting Share Discount Petitioner's expert applied a discount of 10 percent to the nonvoting common shares. He cited an example where a buyer received a 38.9-percent discount, but he did not compare that transaction to this case or explain why he chose 10 percent. Respondent's experts applied a 4-percent discount. They cited a study published in the April 1983 issue of "Journal of Financial Economics" (JFE) ("The Market Value of Control in Publicly Traded Corporations"), by R.C. Lease, J.. McConnel, and W.H. Mikkleson. The JFE study evaluated premiums paid for sales of nonvoting shares in publicly traded corporations which had stock with two different voting rights. The JFE study showed that premiums for superior voting rights usually ranged from 2 to 4 percent. Respondent's experts said that the JFE study shows that a 2- to 4-percent discount should apply to stock with inferior voting rights in this case, even though Kosman, Inc., stock was not publicly traded. We apply a discount of 4 percent to value the nonvoting common shares. E.g., Wallace v. United States, 566 F. Supp. 904, 917 (D. Mass. 1981) (voting shares valued at 5 percent higher premium than nonvoting shares); EstatePage: Previous 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 Next
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