Estate of Beatrice Ellen Jones Dunn - Page 11




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          evaluate the opinion evidence of an expert in light of the                  
          qualifications of the expert.  See Parker v. Commissioner, supra            
          at 561.  In light of the significant operational aspects of Dunn            
          Equipment, the size of the block of stock in issue, the identity            
          and attitudes of the remaining shareholders and directors, and              
          the costs associated with liquidation, we conclude that the                 
          hypothetical investor would give earnings value substantial                 
          weight.                                                                     
               It is well established that, as a general rule, earnings are           
          a better criterion of value for operating companies and net                 
          assets a better criterion of value for holding or investment                
          companies.  See Rev. Rul. 59-60, 1959-1 C.B. 237, 242; Estate of            
          Newhouse v. Commissioner, 94 T.C. at 217 (Rev. Rul. 59-60 “has              
          been widely accepted as setting forth the appropriate [valuation]           
          criteria”).  Thus, because Dunn Equipment was an operating                  
          company, the better question is not whether we should disregard             
          the earnings-based value, but whether we should disregard the               
          asset-based value.  In Estate of Andrews v. Commissioner, 79 T.C.           
          at 945, we stated:                                                          
               regardless of whether the corporation is seen as                       
               primarily an operating company, as opposed to an                       
               investment company, courts should not restrict                         
               consideration to only one approach to valuation, such                  
               as capitalization of earnings or net asset values.                     
               Certainly, the degree to which the corporation is                      
               actively engaged in producing income rather than merely                
               holding property for investment should influence the                   
               weight to be given to the values arrived at under the                  
               different approaches but it should not dictate the use                 





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