Walter L. Gross, Jr., and Barbara H. Gross - Page 30




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          investigation,13 we find that an appropriate lack of                         
          marketability discount for the gifted shares on the gift date was            
          25 percent.                                                                  
                    3.  Cost of Capital                                                
               The final significant area of contention between the parties            
          is the appropriate cost of equity capital to be used for purposes            
          of valuing the G&J shares.  Based on the opinions of their                   
          respective experts, petitioners and respondent assert G&J’s                  
          appropriate cost of equity capital was 19 percent and                        
          15.5 percent, respectively.                                                  
               It is unclear how Mr. McCoy arrived at 19 percent.                      
          Mr. McCoy begins by stating:  “The required rate of return is                
          determined by comparison to rates of return on investments of                
          similar risk.”  He then ranks various investments by quality, as             
          of December 1991, beginning with long-term Government bonds and              
          ending with the category “extreme risk”.  One ranking consists of            
          “CC Bond” and “Very Small Cap. Companies”, which shows “Yield to             


          13   Both parties criticize the opposing opinion evidence                    
          testimony as being arbitrary and unsupported.  Petitioners note              
          that, at first, Dr. Bajaj, in his report, carefully estimated a              
          "conservative" lack of marketability discount of 13 percent.                 
          Then, arbitrarily, based on "several additional facts", and with             
          less than half a page of discussion, he "virtually doubles" his              
          estimate and concludes that an appropriate discount is                       
          25 percent.  Respondent, in turn, notes that the Business                    
          Valuations report relies on studies which examined biased                    
          statistical data, and studies which misinterpret observed                    
          results.                                                                     




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