- 11 - DiSanto and the lawsuit pending against MD&F, and (3) the potential for water rate increases. Petitioners contend that the appraisals made by Deloitte & Touche for Mr. DiSanto's estate of $4,803,728 ($25.80 per share) and by MPI, its expert witness for trial, of $4,375,160 ($23.50 per share) were incorrect. Petitioners contend that Deloitte & Touche used earnings projections made by MD&F after Mr. DiSanto died and while Deloitte & Touche prepared the appraisal of Mr. DiSanto’s estate, which petitioners contend were too optimistic. Petitioners contend that we should not consider the redemption price of MD&F stock in 1995 in deciding the value of MD&F stock on November 26, 1992, or on June 4, 1993, because it was unforeseeable in 1992 and 1993, and because Fred DiSanto paid more than fair market value for the stock. Petitioners point out that respondent's expert critiqued petitioners' experts' analyses but did not appraise the shares at issue. Respondent contends that the fair market value of the 186,177 shares of MD&F stock owned by Mr. DiSanto was $5,585,310 ($30 per share) on November 26, 1992. Respondent bases this on the $26.81 redemption price and MD&F’s payment of $315,000 to each of the DiSanto children not to compete. Respondent contends that MD&F's 1997 bankruptcy was unforeseeable on November 26, 1992. Respondent also contends that petitioners' experts used guideline companies that were dissimilar to MD&F, improperlyPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011