- 235 - 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 discountPage: Previous 225 226 227 228 229 230 231 232 233 234 235 236 237 238 239 240 241 242 243 244 Next
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