Estate of Cyril I. Magnin, Deceased, Donald Isaac Magnin, Executor - Page 49




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          of a control element on both sides of the transaction would                 
          significantly increase the value of the remainder interest                  
          transferred by Cyril because a control element would attach to              
          the remainder interest in Cyril’s shares.  The number of shares             
          transferred by Cyril was larger than the number of shares                   
          received by Cyril, the full fee-simple interest in the stock was            
          transferred by Cyril at his death, and Cyril’s life estate factor           
          in Joseph’s shares and the remainder factor in the stock he                 
          transferred at death were approximately equal.  The estate                  
          presented no revised calculations or other evidence establishing            
          that the value transferred by Cyril, when adjusted for this                 
          control element, was less than the consideration received from              
          Joseph.  The estate has failed to present sufficient evidence to            
          establish that the values it assigns to the interests at issue              
          are reliable and accurate under an actual buyer and actual seller           
          standard.                                                                   
               The valuation methodology of Mr. Browning was questionable             
          in other areas as well.  In determining the values of JM common             
          stock and Specialty common and preferred stocks, Mr. Browning               
          applied a lack of marketability and liquidity discount and a                
          minority interest discount on a combined basis, instead of                  
          individually.  For example, Mr. Browning added together the 35-             
          percent marketability and liquidity discount and the 25-percent             
          minority discount to get a combined discount of 60 percent, which           






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Last modified: May 25, 2011