Estate of Beatrice Ellen Jones Dunn - Page 15




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          rental business and the need to satisfy customers with new                  
          equipment to rent.  However, the reason Dunn Equipment was                  
          willing to weather the low period was because of a belief, well             
          founded in our view, that the business would eventually rebound.            
          It follows, therefore, that earnings projections based on the low           
          period of the cycle would misrepresent the earnings value of the            
          company.  For this reason, we believe the hypothetical buyer and            
          seller would give asset value considerable weight.                          
               In allocating weight among the values determined under each            
          approach, we have considered the degree to which Dunn Equipment             
          was actively engaged in producing income, the nature of its                 
          business, market conditions, the economic outlook, the company’s            
          history, its financial and business experiences and situation,              
          the size of the block of stock in issue, and the identity,                  
          attitudes, and intentions of the remaining shareholders.3  See              
          Ward v. Commissioner, 87 T.C. 78, 102 (1986); Estate of Andrews             
          v. Commissioner, 79 T.C. at 945.  Due to other factors relevant             
          to value such as low profitability, volatility of earnings, high            
          debt, limited customer base, and dependence upon one industry, we           


               3 Respondent argues that the plans and intentions of the               
          remaining shareholders and directors of Dunn Equipment should be            
          disregarded under the hypothetical sale test.  This argument is             
          without merit.  It is only the willing buyer and willing seller             
          that are hypothetical; otherwise, the process of valuation                  
          considers actual conditions as they existed at the time of                  
          valuation.  See Estate of Newhouse v. Commissioner, 94 T.C. 193,            
          218 (1990).                                                                 





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