Estate of Dorothy B. Foote - Page 25




                                        - 25 -                                         

               Concluding, Mr. Davis opined that the sale of the Trust's               
          block of Applied Power stock, when added to the supply of shares             
          regularly coming on the market at the time of decedent's death,              
          would have only a moderately depressing effect on the normal                 
          pricing of the shares, making appropriate a 3.3-percent blockage             
          discount.                                                                    
          Rebuttals                                                                    
               Mr. Kleeman believed that Mr. Davis' 3.3-percent blockage               
          discount conclusion is based virtually exclusively on information            
          that became available (and events that occurred) after the                   
          valuation date and that such postdate information and events were            
          not foreseeable as of the valuation date.  In Mr. Kleeman's                  
          opinion, the economic conditions leading to the Trust's 1994 sales           
          were significantly different than the conditions existing as of the          
          date of decedent's death, and were not reasonably foreseeable at             
          that time (i.e., the upgrading of its  rating of Applied Power               
          stock from a "Hold-3" to a "Buy-2" rating by Baird in January 1994.          
          Further, Mr. Kleeman noted that 8 days before decedent's death,              
          Baird had rated Applied Power stock as a "higher risk".)                     
               Respondent counters Mr. Kleeman's criticism by pointing to Mr.          
          Kleeman's own September 1998 report and testimony, which according           
          to respondent show that Mr. Kleeman arrived at his 22.5-percent              
          discount figure by performing a price trend analysis for the                 
          Applied Power stock and projecting that trend forward to a post-             
          date-of-death absorption period.  Respondent further asserts that            
          in preparing his "regression analysis", Mr. Kleeman made several             

Page:  Previous  9  10  11  12  13  14  15  16  17  18  19  20  21  22  23  24  25  26  27  28  Next

Last modified: May 25, 2011