Estate of Cyril I. Magnin, Deceased, Donald Isaac Magnin, Executor - Page 48




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          for the 40-percent control premium is derived from studies of               
          control premiums in the 1980's, and he did not establish that               
          such a reference was reliable for purposes of a transaction                 
          occurring in 1951.                                                          
               The estate also failed to address the issue of control in              
          considering what Cyril transferred in exchange for Joseph’s                 
          shares.  Cyril bound himself to transfer a remainder interest in            
          his shares to his children, and those shares, when combined with            
          the shares transferred at death by Joseph to Cyril’s children,              
          constituted voting control of JM.  The estate’s expert agreed at            
          trial that he might have been inconsistent in his approach.  The            
          estate did not consider the fact that Joseph bargained for and              
          received from Cyril the right to dispose of control of JM after             
          Cyril’s death.  Joseph was ensuring that his grandchildren                  
          received control of JM upon Cyril’s death.  If a control premium            
          applies for purposes of valuing what Cyril received from Joseph,            
          then it follows, in the facts of this case, that a control                  
          premium should also apply when valuing the interest Cyril                   
          transferred to, or at the direction of, Joseph.  The application            


               34(...continued)                                                       
          applying the same life interest factors used in Mr. Browning’s              
          initial analysis, the control value received by Cyril is only               
          $15,185, as opposed to the $44,296 determined by Mr. Browning.              
          In applying the value determined by Mr. Browning for a 50-percent           
          interest in Joseph’s shares, $13,850, the result using only                 
          Joseph’s percentage ownership for control value purposes is                 
          $29,035.                                                                    





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