- 39 - Hitt,25 to Mr. Haywood’s asset-based value of $120.81 per share results in an asset-based value of $82 per share. The second problem with Mr. Haywood’s approach relates to his earnings-based value and his selection of a P/E ratio of 15.1, which we find to be too high. Mr. Haywood acknowledged that he used banks that were substantially larger than FNBW for his comparable companies but contended that he was required to do so by Rev. Rul. 59-60, 1959-1 C.B. 237, 238-239. See Estate of Newhouse v. Commissioner, 94 T.C. at 217 (Rev. Rul. 59-60 “has been widely accepted as setting forth the appropriate criteria to consider in determining fair market value"). In Mr. Haywood’s view, Rev. Rul. 59-60, supra, requires the selection of companies that are comparable in the sense of being “engaged in the same or similar line of business”, but not comparable in size. In his view, the purpose of Rev. Rul. 59-60, supra, was to provide the proper method for calculating the fair market value of small, closely held companies using actively traded comparable companies, so that by definition the comparable companies would be significantly larger and no adjustment for size should be made. We reject this view. It is beyond dispute that we must consider all relevant evidence. See, e.g., Northern Trust Co. v. Commissioner, 87 T.C. 349, 375 (1986). Thus, while the sale price of stock in businesses “engaged in the same or a similar 25 Only Mr. Hitt employed a minority discount in his analysis of FNBW, as Mr. Egan’s methodology did not require one.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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