Estate of Beatrice Ellen Jones Dunn - Page 16




                                       - 16 -                                         
          give net asset value the greater significance.  Based upon the              
          foregoing, we find that fair market value is best represented by            
          an allocation of 65 percent to net asset value and 35 percent to            
          earnings value.                                                             
          II.  Calculating Earnings- and Asset-Based Value                            
               A.  Earnings-Based Value                                               
               In his report, Mr. Frazier computed an earnings base and               
          then divided that figure by a capitalization rate to compute the            
          present value of Dunn Equipment’s future income stream.  None of            
          the parties or their experts challenges the capitalization rate             
          of 21.67 percent used by Mr. Frazier, and we accept it.  The                
          dispute turns on whether Mr. Frazier used the proper earnings               
          base.  Mr. Frazier believed that the proper earnings base was net           
          income, while Ms. Eggleston and Mr. Pratt believed it was net               
          cash-flow to equity.  In general, we agree with Ms. Eggleston and           
          Mr. Pratt.4                                                                 
               Mr. Frazier’s capitalization rate was based on a study by              
          Ibbotson Associates, which, according to Mr. Frazier’s report,              
          gives the average total annual returns for small company stocks             
          over the return on long-term Government bonds.  Thus, we find               
          that Mr. Frazier’s rate of return is appropriate when considering           

               4 On the other hand, Mr. Pratt believed that, in the instant           
          case, Mr. Frazier’s figure for net income adequately represented            
          net cash-flow and that therefore, ultimately, Mr. Frazier’s use             
          of net income did not produce erroneous results.  We disagree,              
          for reasons discussed below.                                                





Page:  Previous  6  7  8  9  10  11  12  13  14  15  16  17  18  19  20  21  22  23  24  25  Next

Last modified: May 25, 2011