Estate of Artemus D. Davis, Deceased, Robert D. Davis, Personal Representative - Page 47

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          on ADDI&C's capacity to pay dividends and his disregard of its 45-          
          year history as of the valuation date of not paying dividends.25            
          As of that date, each of those blocks of stock constituted a                
          minority interest, and neither represented a swing block.  On the           
          instant record, we find that a hypothetical willing seller and a            
          hypothetical willing buyer would have no reason to believe on the           
          valuation date that ADDI&C's 45-year history of not paying                  
          dividends was likely to change.  See also Rev. Rul. 59-60, sec. 5,          
          1959-1 C.B. at 242-243 (“adjusted net worth should be accorded              
          greater weight in valuing the stock of a closely held investment *          
          * * company, whether or not family owned, than any of the other             
          customary yardsticks of appraisal, such as earnings and dividend            
          paying capacity.”).                                                         
              On the record before us, we are satisfied that the respective           
          amounts of the lack-of-marketability discounts determined by the            
          experts without regard to ADDI&C's built-in capital gains tax               
          (i.e., $15,265,630 determined by Mr. Howard, $16,220,390                    
          determined by Mr. Thomson, and $20,478,074 determined by Mr.                
          Pratt) set the appropriate range from which we may determine the            
          lack-of-marketability discount without regard to such tax.  In              
          making that determination, we bear in mind that valuation is                
          necessarily an approximation and a matter of judgment, rather than          

          25  Both of petitioner's experts point out that, except for a               
          shareholder's use of an airplane during 1990 that was treated for           
          that year as a dividend for Federal income tax purposes, ADDI&C             
          had neither declared nor paid any dividends to its shareholders             
          throughout its 45-year history as of the valuation date.                    



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