Estate of Mary D. Maggos - Page 43




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          the corporation’s underlying assets using traditional valuation             
          methodologies.  See Philip Morris, Inc. & Consol. Sub. v.                   
          Commissioner, 96 T.C. 606, 628 (1991), affd. 970 F.2d 897 (2d               
          Cir. 1992).  The sale of a 56.7-percent block of shares in PCAB             
          would deliver effective operational control to a purchaser and              
          would need to be considered as one of the factors affecting                 
          value.  See Estate of Chenoweth v. Commissioner, 88 T.C. 1577               
          (1987).  While 56.7 percent of the shares would not command total           
          control of PCAB, it would give the purchaser operational control.           
          In other cases, we have found a control premium should be applied           
          in these circumstances.  See also id.; Estate of Feldmar v.                 
          Commissioner, T.C. Memo. 1988-429; Estate of Oman v.                        
          Commissioner, T.C. Memo. 1987-71.  As we stated in Estate of                
          Salsbury v. Commissioner, T.C. Memo. 1975-333:                              
               The payment of a premium for control is based on the                   
               principle that the per share value of minority                         
               interests is less than the per share value of a                        
               controlling interest.  A premium for control is                        
               generally expressed as the percentage by which the                     
               amount paid for a controlling block of shares exceeds                  
               the amount which would have otherwise been paid for the                
               shares if sold as minority interests * * * [Citation                   
               omitted.]                                                              
               Petitioner’s expert, Mr. Reilly, opined that the proper                
          control transfer premium was in the range from 34 to 38 percent.            
          Mr. Reilly’s report indicates he formed his opinion by                      
          calculating the average control price premium paid in the                   
          beverage industry over the years from 1982 to 1986.  Mr. Reilly             






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