- 239 - the restricted shares studies, and reduced it to 30 percent to eliminate the effects on value of the buy-sell agreement restrictions. We find that a minority interest in Belle Fourche, like a minority interest in True Oil, is less marketable than actively traded interests because: (1) The True family is committed to keeping Belle Fourche privately owned, (2) the subject interest lacks control, and (3) Federal tax rules limit the pool of potential investors in S corporations. However, certain facts suggest that a minority interest in Belle Fourche would be more marketable than an equivalent interest in True Oil. First, Belle Fourche historically has been profitable, unlike True Oil. Second, on average Belle Fourche’s distributions substantially exceeded the shareholders’ tax obligations on their distributive shares of income, while True Oil’s net distributions were not significant. Third, a purchaser of Belle Fourche stock would not be subject to joint and several liability. Based on the foregoing, we conclude that a minority interest in Belle Fourche is more marketable than the same percentage interest in True Oil. Therefore, to remain within the 26 to 45- percent range of discounts observed in the restricted shares studies, we assign a 27-percent marketability discount to Jean True’s 17.23-percent interest in Belle Fourche transferred as of June 30, 1994.Page: Previous 229 230 231 232 233 234 235 236 237 238 239 240 241 242 243 244 245 246 247 248 Next
Last modified: May 25, 2011