- 242 - marketing. Mr. Lax used the same group of companies to value True Oil, Eighty-Eight Oil, and Smokey Oil. Mr. Lax applied EBDIT, EBIT, EBT, and book value multiples to Eighty-Eight Oil’s financial results for the 12-month period ending May 31, 1994. As with the other True companies, Mr. Lax did not provide supporting schedules showing how he calculated the guideline company multiples and Eighty-Eight Oil’s financial fundamentals. The final Lax report concluded that the fair market value of Eighty-Eight Oil’s total equity on a marketable minority basis was $40 million on June 3, 1994. c. Respondent’s Position Respondent offered no expert testimony or other evidence regarding Eighty-Eight Oil’s total equity value on the relevant dates. Instead, respondent agrees with Mr. Kimball’s marketable minority value of $25,174,683 as of January 1, 1993, and with Mr. Lax’s “entity value” of $40 million as of June 3, 1994. Respondent did not explain why he rejected Mr. Kimball’s June 4, 1994, value or how he justified the large disparity in entity values between proximate valuation dates. Respondent also argues, as he did with True Oil, that Dave True’s 38.47-percent interest owned at death is not entitled to a minority discount, because it represented a significant ownershipPage: Previous 232 233 234 235 236 237 238 239 240 241 242 243 244 245 246 247 248 249 250 251 Next
Last modified: May 25, 2011