- 18 - investments.” But neither the 1989 report nor the 1991 report explains the dramatically higher net income (after taxes) for years after 1988, as compared to years before. Sixth, the 1991 report refers to the financial data of publicly traded companies, nominally in similar lines of business, yet never explains how those companies were selected, or in what respects the lines of business were similar to Eatel's.12 Although Mr. Chaffe testified at trial that the publicly traded companies in the 1989 report were “essentially the same“ as the companies used for the 1991 report, he also testified that these companies may have changed from 1989 “through merger acquisition or something like that.” The 1991 report states that the shares of Eatel are not marketable, yet fails to explain sufficiently why this is so. Mr. Chaffe testified at trial that “There are very rare exceptions when there is any willing buyer at all at any price for minority shares of a nonpublicly-traded company”. This testimony is unsupported by the record, unpersuasive by itself, and implausible. We find that the shares were marketable. As a point of fact, the 1989 report notes that some shares of DATA 12 In this regard, we give little weight to the conclusions of Mr. Chaffe that: (1) The price-earnings multiples of comparable publicly traded telecommunications corporations increased by more than 50 percent between the date of Decedent’s death and March 1993, and (2) the premiums paid in 1993 for the stock of publicly traded telecommunications corporations were more than 52 percent above the prices at which minority blocks were then trading.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