Estate of Artemus D. Davis, Deceased, Robert D. Davis, Personal Representative - Page 44

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          discount.  We agree.  Nonetheless, we found those reports and the           
          additional testimony at trial of Mr. Pratt to be quite helpful in           
          ascertaining the lack-of-marketability discount that we shall               
          apply in this case.                                                         
              Petitioner contends that the 23-percent lack-of-marketability           
          discount determined by Mr. Thomson is too low because, inter alia,          
          Mr. Thomson failed to consider the IPO studies relied on by Mr.             
          Howard and/or Mr. Pratt.  In Mr. Thomson's rebuttal report and at           
          trial, he explained that, to the extent that the IPO studies                
          examined data with respect to stock prices subsequent to the                
          valuation date, he believed that those data could not be                    
          considered in valuing each of the two blocks of stock at issue              
          because the Uniform Standards of Professional Appraisal Practice            
          provide that the cutoff date for data used in a retrospective               
          appraisal is the valuation date.  We agree.  However, Mr. Thomson           
          admitted at trial that, to the extent that the IPO studies                  
          considered data with respect to stock prices prior to the                   
          valuation date, those data were readily available on the valuation          
          date and could have been considered in valuing each such block.24           
          We agree and find that Mr. Thomson should have considered the pre-          


          24  At trial, Mr. Thomson indicated that he believes that at                
          least one of the IPO studies may be biased because it was based             
          on “insider transactions”.  However, Mr. Thomson’s rebuttal                 
          report, which was submitted to the Court well before trial, did             
          not reflect any such criticism of that IPO study (or of the other           
          IPO study), which means to us that Mr. Thomson does not consider            
          his criticism at trial about the possible bias of one of the IPO            
          studies to be significant.                                                  



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