-84- generally exceeded (both before and after its acquisition by Federal) and the 15-percent rate of return on equity that petitioner projected its proposed acquisition of FIA would produce. In sum, Mr. Fuller testified that Mr. Huck overvalued FIA's lease portfolio by approximately $4 to $5 million, which results in approximately $1.2 to $2.2 million in intangible assets. 3. Critique of Experts Not unexpectedly, each expert criticized his colleague's analysis. The following points highlight these disparate perspectives. Mr. Fuller opined that Mr. Huck simply used the portfolio's expected yield (the rate at which petitioner expected the portfolio to earn income) as the appropriate discount rate. Use of the portfolio's expected yield, he insisted, assumes that no other assets are necessary to realize that yield and treats the portfolio as the equivalent of a fixed-income instrument. According to Mr. Fuller, Mr. Huck ignored the fact that petitioner purchased a going concern; the purchase included the FIA portfolio in addition to other FIA assets, and the right to hire FIA's expert personnel (who originated the equipment leases and turned the residual value into profits). The presence of these other business assets, in Mr. Fuller's opinion, was necessary to produce income at the yield rate. Mr. Fuller contended that the 11.49-percent yield requiredPage: Previous 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 Next
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