Estate of Emanuel Trompeter, Deceased, Robin Carol Trompeter Gonzalez and Janet Ilene Trompeter Polachek - Page 35

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          inappropriately on companies that were not comparable to                    
          Sterling.  TWA, for example, had filed for bankruptcy on                    
          January 31, 1992, and its auditor had expressed substantial doubt           
          concerning its ability to continue as a going concern.  Sterling,           
          by contrast, was not in bankruptcy.  Moreover, its 1990 through             
          1992 financial statements were accompanied by its auditor's                 
          unqualified opinion on the validity of those statements.  The               
          auditor did not conclude that Sterling was on the verge of                  
          bankruptcy or that its future corporate existence was in doubt.             
          Likewise, Rymer's financial status resembled that of TWA.  Rymer            
          had been told that its line of credit would not be renewed, which           
          raised serious concerns that, absent its recapitalization, it               
          would be driven into bankruptcy.  Nothing in the record persuades           
          us that Sterling was on the verge of bankruptcy.  To the                    
          contrary, the record indicates that Sterling was a viable entity            
          that recapitalized primarily to alter its capital structure.                
               Finding no help from the only expert to testify on this                
          issue, we are left to value the decedent's Sterling preferred               
          stock based on the record at hand.  We do not agree with                    
          respondent that the redemption price of the Sterling preferred              
          stock equals its fair market value on September 18, 1992, a date            
          that preceded the redemption by 16 months.  Sterling's mandatory            
          obligation to redeem the stock, however, does establish a                   
          benchmark for determining the applicable value.  We concluded               





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