Estate of Alice Friedlander Kaufman - Page 23




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          He has not explained adequately why he chose as his similar                 
          companies six corporations all of whose revenues more than                  
          doubled the revenues of Seminole.  He also fails to explain why             
          he did not consider RedKap, a corporation that he tells us is a             
          subsidiary of a publicly traded company and the main competitor             
          to Seminole.                                                                
               Nor has Mr. Tack adequately explained how he concluded that            
          the industry of his similar corporations was the same as                    
          Seminole's industry.  He could have, for example, referenced the            
          standard industry code (or codes) that is (or are) applicable to            
          Seminole and his similar corporations.  He did not.  Corporations           
          which do business in a particular industry are generally                    
          classified under the same industry code, and experts in valuation           
          cases typically refer to the standard industry code to verify               
          that the industry of the public corporations which they choose as           
          similar to a corporation before us is the same.  Although Mr.               
          Tack states in his initial report that he selected as his similar           
          corporations those public corporations that are "most similar to            
          the Company [Seminole] from an investment standpoint", a phrase             
          of uncertain meaning, we are not persuaded that his proffered               
          corporations are similar to Seminole as to age, business, product           
          line, and gross receipts.  A proper valuation report must contain           
          enough data on each similar corporation to allow the Court to               
          make an informed, independent decision as to whether the                    
          corporations are sufficiently similar to the subject corporation            
          to perform a proper valuation analysis.  The mere fact that a               


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