Estate of William J. Desmond, Deceased, Donn Kemble, Executor - Page 14




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               Respondent argues that applying a discount for Deft's                  
          potential environmental liabilities is improper because these               
          liabilities have already been included in the unadjusted value              
          calculation under the income method and the market method.  We              
          agree with respondent as to the market method but disagree as to            
          the income method.                                                          
               Under the income method, HML discounted Deft's future cash             
          flows to present value using a discount rate determined by the              
          Capital Asset Pricing Model (CAPM).  The discount rate represents           
          the company's expected rate of return on equity.                            
               The CAPM uses several variables including a variable                   
          representing the company's volatility relative to market returns            
          (Beta).  Deft's Beta was determined based upon the Betas of eight           
          similar paint and finishing companies.  Respondent contends that            
          these paint and finishing companies had Betas considerably higher           
          than other companies’ because most paint and finishing companies            
          have potential environmental liabilities that make the return on            
          investment in these companies more volatile.  Respondent argues             
          that these Betas already include the potential environmental                
          liabilities of these companies; therefore, it is improper to also           
          consider these liabilities in determining the proper discount.              
               We disagree with respondent.  Respondent provided no                   
          evidence at trial that the Betas of the eight comparable paint              
          companies were higher than normal due to potential environmental            
          liabilities faced by these companies.                                       



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