- 16 - believes that bank stocks are more marketable than other types of stock. We therefore are unable to accept his recommendation. The Court’s Valuation We recognize that the Company is a small bank holding entity operating only one bank in a rural Nebraska community. The Company has limited growth opportunities because the Bank has a small defined market. Furthermore, the Company is capitalized with common stock not publicly traded and not easily sold privately. We believe that a hypothetical seller and purchaser of the common stock would take into account that any subsequent sale of the common stock would require a private sale by the owner of the stock, a public offering by the Company, or a complete acquisition of the Company. Any of those three options could take an extended time period and involve significant transaction costs. Furthermore, we also believe that most of the concerns regarding lack of marketability relate to the lack of control associated with any transferred block of stock. Accordingly, we apply a discount of 40 percent both for lack of control and marketability to the prediscount fair market value of the Company stock as determined by petitioners’ expert. We therefore hold that on the date of the transfers, the value of each transferred block of stock was $211,186.7 We have considered all of the arguments raised by the 7 ($51.38 per share x .60) x 6,850 shares.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
Last modified: May 25, 2011