- 11 - unreasonably low and inconsistent with Wilber Corp's historically strong financial position. Respondent's expert then relied heavily on a hypothetical scenario in which a single investor or group of investors (purchasers) might purchase decedent's entire block of stock (representing a 23.8-percent interest in Wilber Corp) and use this block of stock to force the Farone family trusts, the Jesuits of Holy Cross, other charitable trusts, and other current holders of shares of stock in Wilber Corp to sell their shares to the purchasers, enabling the purchasers to acquire at least 51 percent or effective control of Wilber Corp. Because of respondent’s expert’s opinion that his hypothetical scenario had a realistic possibility of becoming a reality, respondent's expert opined that a conservative control premium of approximately 35 percent should be applied to the average over- the-counter sales price of $50 per share. Finally, respondent's expert concluded that because the market for shares of stock in Wilber Corp was thin, not for lack of buyers, but for lack of willing sellers, the size of the block of stock should not be considered significant and no blockage discount should apply. Although we conclude that petitioner's experts made unreasonably low projections regarding the future financial condition, profitability, and overall performance of Wilber Bank, we find petitioner's experts generally more credible and theirPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: May 25, 2011