J.C. Shepherd - Page 32




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               Lipscomb testified convincingly that in his experience it              
          was customary practice in the timber industry to apply an after-            
          tax analysis.17  In his rebuttal report, Maloy includes as an               
          appendix portions of a treatise (Bullard, Basic Concepts in                 
          Forest Valuation and Investment Analysis, sec. 6.2 (1998)) that             
          describe the use of an after-tax analysis for forestry                      
          investments, whereby one converts all costs and revenues to an              
          after-tax basis and calculates all present values using an after-           
          tax discount rate.  Accordingly, authorities relied upon by                 
          respondent’s own expert appear to acknowledge that an after-tax             
          analysis, consistently utilizing after-tax income and after-tax             
          discount rates, may be appropriate.18                                       
               It is true, as Maloy indicates in his rebuttal report, that            
          an after-tax analysis requires an assumption as to whether the              
          hypothetical buyer is taxable and at what rate.  It appears,                
          however, that in selecting his discount rate, Maloy himself has             







               17 Dilmore testified that in this case he had used a before-           
          tax analysis to determine the present value of the lease income             
          stream, but “you could do it either way.”                                   
               18 In his rebuttal report filed before trial, Maloy contends           
          that Lipscomb inconsistently used an 8-percent pretax discount              
          rate against after-tax income.  Although Lipscomb’s expert report           
          is not explicit in this regard, it is clear from Lipscomb’s                 
          testimony that his income capitalization method was an after-tax            
          method, entailing use of an after-tax discount rate.                        




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