- 48 - 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.Page: Previous 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 Next
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