Estate of H.A. True, Jr. - Page 141




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          Mr. Lax applied EBDIT, EBIT, and pre-tax earnings (EBT) multiples           
          to Belle Fourche’s financial results for the 12-month period                
          ending May 31, 1994.  The initial Lax report did not disclose the           
          selected guideline company multiples, Belle Fourche’s financial             
          fundamentals, or the weight assigned to each multiple to arrive             
          at total equity value.                                                      
              The initial Lax report concluded that the fair market value             
          of Belle Fourche’s equity as of June 3, 1994, on a marketable               
          controlling basis, was $10 million, which included a 25-percent             
          control premium.  According to the report, the premium was based            
          on the specific control features of the subject interest (e.g.,             
          control over the company’s distributions, assets, and management            
          decisions) and on public market acquisition transactions.                   
              As described in more detail later, the initial Lax report               
          applied a 40-percent marketability discount to arrive at a                  
          nonmarketable controlling value for the 68.47-percent interest of           
          $4,108,200 as of June 3, 1994.                                              
              Similarly, the final Lax report used the guideline company              
          method and the same public company comparisons as the initial Lax           
          report.  However, Mr. Lax stated that he did not compute an                 
          entity value for Belle Fourche in the final Lax report.  Instead,           
          he purported to value the specific 68.47-percent interest without           
          first deriving the total equity value of Belle Fourche on either            
          a controlling or a noncontrolling basis.                                    







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