Maude G. Furman, Donor, Deceased, and Estate of Maude G. Furman, Deceased, Robert G. Furman, Executor - Page 29

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          function of the relationship between the return on an individual            
          security and the return on the market as a whole.  Pratt et al.,            
          supra at 166.  Betas of public companies are frequently                     
          published, or can be calculated based on price and earnings data.           
          Because the calculation of beta requires historical pricing data,           
          beta can not be calculated for stock in a closely held                      
          corporation.  The inability to calculate beta is a significant              
          shortcoming in the use of CAPM to value a closely held                      
          corporation; this shortcoming is most accurately resolved by                
          using the betas of comparable public companies.  Id. at 175.                
          Mr. Shelton's unsubstantiated statement regarding the standing of           
          BKC in the fast food industry is hardly a sufficient basis for              
          arriving at a beta of 1.0 for FIC.  Mr. Shelton did not provide             
          any evidence that he had researched or calculated the betas of              
          BKC or any other public company.  He seems to have assumed,                 
          without further explanation, that FIC and BKC were comparable               


               10(...continued)                                                       
          or market, risk represents the sensitivity of the future returns            
          from a given asset to the movements of the market as a whole.               
          Unsystematic, or unique, risk reflects those elements of risk               
          that are specific to the asset held, such as company                        
          characteristics, industry conditions, and the type of investment            
          interest held.  Capital market theory assumes that investors hold           
          or have the ability to hold, diversified portfolios that                    
          eliminate, on a portfolio basis, the effects of unsystematic                
          risk.  Consequently, since capital market theory assumes that an            
          investor holding a diversified portfolio will encounter only                
          systematic risk, the only type of risk for which an investor can            
          be compensated, is systematic risk, the degree of which can be              
          measured by beta.  Brealey & Myers, Principles of Corporate                 
          Finance 137-138, 143-144 (4th ed. 1991); Pratt et al., Valuing a            
          Business 166 (3d ed. 1996).                                                 



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