Estate of Artemus D. Davis, Deceased, Robert D. Davis, Personal Representative - Page 39

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          of-marketability discount that is to be applied in valuing each of          
          the two blocks of ADDI&C's stock at issue.                                  
              We now turn to the balance of the lack-of-marketability                 
          discount attributable to factors other than ADDI&C's built-in               
          capital gains tax that the parties and all of the experts agree             
          should be applied in ascertaining the fair market value on the              
          valuation date of each of the blocks of stock in question.                  
          Petitioner and petitioner's experts believe that the percentage             
          amount thereof should be 35 percent, while respondent's expert Mr.          
          Thomson believes that it should be 23 percent.  Because of other            
          differences among them, see chart above, the dollar amount of the           
          lack-of-marketability discount that each determined without regard          
          to any amount included therein that is attributable to ADDI&C's             
          built-in capital gains tax ranges from $15,265,630 (Mr. Howard's            
          determination) to $20,478,074 (Mr. Pratt's determination).  Mr.             
          Thomson's determination thereof was $16,220,390.                            
              Mr. Howard determined to apply a 35-percent lack-of-                    
          marketability discount19 by relying on a number of so-called                
          restricted stock studies that are cited in his expert report.               
          Those studies show the amounts of discounts at which private                
          transactions in restricted stock (i.e., stock of public companies           


          19  Hereinafter, unless otherwise stated, all references to a               
          lack-of-marketability discount are to such a discount determined            
          without regard to ADDI&C's built-in capital gains tax that we               
          have found should be taken into account in arriving at the total            
          amount of the lack-of-marketability discount that should be                 
          applied in this case.                                                       



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