Martin Ice Cream Company - Page 53

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            Rev. Rul. 65-193, 1965-2 C.B. 370, and Rev. Rul. 68-609, 1968-2 C.B.                        
            327, and amplified by Rev. Rul. 77-287, 1977-2 C.B. 319, Rev. Rul.                          
            80-213, 1980-2 C.B. 101, and Rev. Rul. 83-120, 1983-2 C.B. 170.  We                         
            follow the principles set forth in Rev. Rul. 59-60, supra, which we                         
            recognize as having been “widely accepted as setting forth the                              
            appropriate criteria to consider in determining fair market value”,                         
            Estate of Newhouse v. Commissioner, 94 T.C. 193, 217 (1990), to the                         
            extent they represent a correct approach to the valuation of closely                        
            held corporations, see Stark v. Commissioner, 86 T.C. 243, 250-251                          
            (1986).                                                                                     
                  Mr. Bergwerk’s report characterized petitioner as an                                  
            undiversified company engaged in a single line of business, the                             
            wholesale distribution of ice cream products, which was highly                              
            dependent on weather and time of year.  Petitioner also had “an                             
            unhealthy concentration” of its business in H�agen-Dazs products.                           
            Despite such drawbacks, the company had expanded its gross sales                            
            substantially in the 5 years before the distribution of SIC stock.                          
            Mr. Bergwerk opined that the potential for further growth was limited                       
            because of the ability of supermarkets and ice cream manufacturers to                       
            eliminate independent wholesale distributors from business.28                               
                  Mr. Bergwerk expressly considered each of the factors set forth                       
            in Rev. Rul. 59-60, 1959-1 C.B. at 238-239, as a basis for valuation                        
            of closely held corporations.  In arriving at his valuation of MIC as                       


                  28 The evidence in the record strongly supports Mr.                                   
            Bergwerk’s opinion concerning petitioner’s market position and                              
            relative vulnerability to outside forces.                                                   



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