Estate of H.A. True, Jr. - Page 159




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              The initial Lax report concluded that a 40-percent                      
          marketability discount was appropriate even for a controlling               
          interest in a company because of the substantial time and expense           
          required to sell an interest in the absence of an established               
          market.  For instance, Mr. Lax noted that the sale of an interest           
          in Belle Fourche would require preparation of a selling                     
          memorandum and audited financial statements, location of a buyer,           
          drafting of legal documents, and coordination of financing                  
          arrangements.                                                               
              The final Lax report disclaimed the initial Lax report’s                
          conclusions and did not apply a marketability discount in valuing           
          Dave True’s 68.47-percent interest in Belle Fourche.  Mr. Lax               
          explained that there was no empirical evidence suggesting that a            
          marketability discount would apply to an interest of greater than           
          50 percent.  In fact, AA’s research showed that in many cases,              
          buyers placed a premium on control that fully offset the                    
          illiquidity problems identified in the initial Lax report,                  
          thereby resulting in a net premium.                                         
                      c. Respondent’s Position                                        
              Respondent relied on Mr. Lax’s final conclusions to argue               
          that a marketability discount would not apply to Dave True’s                
          controlling interest in Belle Fourche valued as of June 4, 1994.            
          However, respondent allowed a 10-percent marketability discount             








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