- 214 - discounts are either unreasonably low (given the factors limiting marketability discussed above) or nonexistent, due to respondent’s incorrect assumptions regarding swing vote potential. Based on the record before us, we apply a 30-percent marketability discount to the minority interests in True Oil valued as of January 1, 1993, June 4, 1994, and June 30, 1994. We derive this figure first by acknowledging that the subject interests in True Oil are less marketable than actively traded interests, for reasons previously stated. We then use Mr. Kimball’s discount as a starting point. Mr. Kimball did not explain clearly how he used market data to compute his marketability discounts. It appears that he chose a 40-percent discount to fall within the high range of discounts observed in the restricted stock studies (26 to 45 percent). We believe that the restricted stock studies provide more relevant data than the pre-IPO studies, because True Oil interests are subject to State law transfer restrictions and because True Oil is not comparable to a company on the verge of going public. Finally, we reduce the proposed 40-percent discount to 30 percent, because Mr. Kimball improperly considered the True Oil buy-sell agreement in developing his marketability discounts.Page: Previous 204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 219 220 221 222 223 Next
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