- 15 - a study prepared by Melanie Earles and Edward Miliam which asserted that marketability discounts allowed by the Court over the past 36 years averaged 24 percent. Before arriving at his conclusion, Mr. Schneider remarked that he believed that “a bank would be a highly marketable business and that the stock would be highly marketable.” He also noted in his report that the Company did not have a sole shareholder owning more than 50 percent of the Company. At trial, Mr. Schneider testified that the Company was marketable because the Bank had strong profitability. Evaluating these characteristics in conjunction with marketability discounts arrived at in the studies discussed by Shannon Pratt and allowed by this Court in its prior opinions, Mr. Schneider concluded that a 20-percent discount for lack of marketability was appropriate. As for Mr. Schneider’s report, we believe that he merely made a subjective judgment as to the marketability discount without considering appropriate comparisons. Mr. Schneider looked at only generalized studies which did not differentiate marketability discounts for particular industries. Further, although he stated that each case should be evaluated in terms of its own facts and circumstances, Mr. Schneider seems to rely on opinions by this Court that describe different factual scenarios from the instant cases and generalized statistics regarding marketability discounts previously allowed by the Court. Finally, Mr. Schneider has failed to fully explain why hePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
Last modified: May 25, 2011