Estate of H.A. True, Jr. - Page 167




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          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 ownership           








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