Estate of Thomas A. Fleming, Deceased, Cathy J. Hirt, Independent Successor Executrix - Page 19

                                       - 19 -                                         

          should be applied in valuing decedent's 50-percent stock interest           
          in B&W Longview.  Although Mr. Harrell specified that he would              
          apply a 10-percent discount, Mr. Bernstein did not specify how              
          much of the 35-percent combined discount that he applied was                
          attributable to the fact that decedent did not own a controlling            
          stock interest in B&W Longview on the valuation date.  On brief,            
          petitioner, who has the burden of proof, does not insist that a             
          minority discount in excess of 10 percent be applied in this                
          case.                                                                       
               Respondent contends, and petitioner disputes, that, because            
          the precedent transactions on which both experts, inter alia,               
          relied involved stock for which there was no ready market, the              
          respective prices paid for the stock sold in those transactions             
          reflected some lack-of-marketability discount.  While we gener-             
          ally agree with respondent, it is significant that the stock                
          interests acquired in the precedent transactions were different             
          from decedent's 50-percent stock interest in B&W Longview in that           
          (1) the respective purchasers in the transactions involving                 
          (a) B&W El Paso and (b) B&W Brownsville, B&W Harlingen, B&W                 
          Mission, B&W Austin, and B&W Finance acquired 100 percent of the            
          stock of each of those corporations; and (2) although decedent              
          purchased only 50 percent of the stock of TA&T Finance in the               
          Young transaction, after that purchase, decedent owned 100                  
          percent of the stock of that corporation.  On the record before             





Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  18  19  20  Next

Last modified: May 25, 2011