- 200 - influenced Mr. Kimball’s choice of multiples. As stated earlier, restrictive provisions of buy-sell agreements that are deemed to be testamentary devices should be disregarded in determining fair market value for estate and gift tax purposes. See supra p. 152. Adjustments for these errors would result in marketable minority values higher than those derived by Mr. Kimball. The final Lax report’s guideline company analysis was even more questionable. It provided no data to support the calculations of EBDIT, EBIT, pretax earnings, and book value for either the comparable companies or True Oil. Further, Mr. Lax did not explain the relative weight placed on each factor. The Lax report also applied market multiples to only 1 year’s worth of financial data. We believe that using a 5-year average of True Oil’s financial fundamentals (as Mr. Kimball did) would have provided more representative results. Without more data and explanations, we cannot rely on the final Lax report’s valuation conclusions using the guideline company method. We need not discuss the strengths or weaknesses of Mr. Lax’s reserves method because the parties stipulated the value of True Oil’s reserves as of the relevant measurement dates. Regarding the issue of minority discounts, this Court recognizes that a minority interest in a company usually is worth less than a proportionate share of the company’s total value, see Ward v. Commissioner, 87 T.C. at 106; Estate of Andrews v.Page: Previous 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 Next
Last modified: May 25, 2011