Estate of H.A. True, Jr. - Page 148




                                       - 225 -                                        
          guideline company multiples or the Belle Fourche financial                  
          fundamentals, (2) which of three multiples he applied to Belle              
          Fourche’s fundamentals, or (3) how he weighed each resulting                
          product.  Without more information we cannot evaluate the                   
          reliability of Mr. Lax’s results.                                           
              Second, the final Lax report calculated the equity value of             
          Dave True’s 68.47-percent interest in Belle Fourche on a fully              
          marketable noncontrolling basis without first valuing the company           
          as a whole.  This significantly departed from the initial Lax               
          report’s guideline company approach, which first valued the                 
          company on a marketable controlling basis, and then applied a 40-           
          percent marketability discount.  Even though both reports used              
          the guideline company method, we believe the approaches were                
          substantially different and find it remarkable that both reports            
          arrived at the same ultimate value of roughly $4,100,000 for Dave           
          True’s interest.  This suggests that the final Lax report was               
          result-oriented.                                                            
              Third, while Mr. Lax conceded that Dave True’s 68.47-percent            
          interest had voting control over Belle Fourche, he averred that a           
          hypothetical buyer would not pay more for such voting control               
          because he could not control the related True companies that                
          Belle Fourche depended on for its business (e.g., True Oil, True            
          Drilling, and especially Eighty-Eight Oil).  We disagree.                   








Page:  Previous  215  216  217  218  219  220  221  222  223  224  225  226  227  228  229  230  231  232  233  234  Next

Last modified: May 25, 2011