Estate of H.A. True, Jr. - Page 114




                                       - 194 -                                        
          approach.  Mr. Gustavson also used an investment recovery method            
          to value plant and pipeline facilities.                                     
              The Gustavson report valued True Oil’s major assets at                  
          $48,000,000 on January 1, 1993, and $33,700,000 on June 4, 1994.            
          Subsequently, Mr. Gustavson reconciled his valuation                        
          methodologies with those of Dr. Caldwell62 to arrive at the True            
          Oil stipulated asset values of $39,650,000 as of January 1, 1993,           
          and $34,200,000 as of June 4, 1994.  See supra p. 156.  According           
          to respondent, the value of True Oil’s major assets represented             
          the 100-percent equity value of the company.                                
              Because Mr. Gustavson is not an expert in business                      
          valuations, he did not value the subject interests in any True              
          company.  Instead, respondent argues on brief that the True Oil             
          interests transferred by Dave and Jean True to their sons as of             
          January 1, 1993 (Dave transferred an 8.28-percent interest to               
          each son), and June 30, 1994 (Jean transferred a 5.74-percent               
          interest to each son), were entitled to minority discounts of no            
          more than 10 percent.63  Respondent bases his conclusions on a              


               62The Scotia reports also valued oil and gas properties                
          owned by True Oil as of Jan. 1, 1993, and June 4, 1994.  Dr.                
          Caldwell primarily relied on the discounted cash-flow method to             
          value True Oil’s proved reserves and other facilities, and                  
          applied the comparative sales method to test the reasonableness             
          of those results.  The Scotia reports concluded that the fair               
          market value of True Oil’s major assets was $34,800,000 on both             
          valuation dates.                                                            
               63Petitioners interpreted respondent’s statements on brief             
          to mean that respondent was allowing combined minority and                  
                                                             (continued...)           




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