Estate of James Waldo Hendrickson - Page 50




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          figures of Peoples, Mr. Fuller determined the following total                
          equity values:                                                               
               Ratio                     Total Value                                   
               Price-to-earnings         $24,751,000                                   
               Price-to-book equity      19,344,000                                    
               Price-to-assets           21,021,000                                    
          Mr. Fuller then used the mean of the values determined using the             
          price-to-book equity and price-to-assets ratios to determine a               
          total equity value of $20,200,000.  He did not include the value             
          determined using the price-to-earnings ratio, as he thought the              
          “unusually high earnings reported for the period may result in               
          the value of Peoples being overstated.”  Finally, Mr. Fuller                 
          applied a 10-percent marketability discount.                                 
               Mr. Fuller supported his finding of a 10-percent                        
          marketability discount in his discussion of both marketability               
          and control premium factors.  He concluded that little or no                 
          marketability discount was appropriate, because the estate shares            
          carried significant elements of control and might command a                  
          control premium.  Mr. Fuller failed to focus on the fact that two            
          conceptually distinct adjustments were involved, one a discount              
          for lack of marketability and the other a premium for the                    
          benefits of control.  See Estate of Andrews v. Commissioner, 79              
          T.C. 938, 952-953 (1982).  Although there may be some overlap,               
          because control, or lack of it, is a factor that may affect                  
          marketability, even controlling shares in a nonpublic corporation            




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