- 23 - 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 aPage: Previous 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Next
Last modified: May 25, 2011