- 38 - 10-percent discount. In choosing this discount, Mr. Haywood considered the 12,000 shares of stock held by decedent at her death to be a “swing block” of stock, and this convinced him that the lack of marketability discount should be relatively small. His final value for FNBW, after applying the 10-percent lack of marketability discount, was $159.53 per share. Court’s Analysis We believe there are several problems with Mr. Haywood’s analysis but that adjustments to correct for his errors can be made which result in a reliable estimate of the value of the FNBW stock. The first problem with Mr. Haywood’s analysis is that he failed to apply a minority interest discount to his asset-based value. “Ignoring discounts for lack of control [i.e., minority interest] and lack of marketability is contrary to long- established valuation methods well accepted by the Courts in cases presenting the value of stock in closely held corporations.” Estate of Newhouse v. Commissioner, 94 T.C. at 249. Mr. Haywood’s method was to estimate the net asset value of FNBW and to treat this as the market value. However, the owner of a minority interest in FNBW would not have control of its assets. Thus, a minority interest discount is necessary to achieve an accurate asset-based value for FNBW. Applying a minority interest discount of 32 percent, the figure used by Mr.Page: Previous 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 Next
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