- 256 - the controlling equity value of Black Hills Trucking on June 4 and June 30, 1994. Respondent argues that Dave True’s 58.16-percent interest owned at death should be valued as a controlling interest, contrary to Mr. Kimball’s minority interest treatment under both the guideline company and net asset value methods. Respondent contends that if Mr. Kimball’s minority values are accepted by the Court, a 25-percent control premium should be added to reflect Dave True’s control at death. Respondent derived the premium amount from the initial Lax report, which applied a 25- percent control premium to compute the marketable controlling value of Belle Fourche, see supra p. 219. Respondent also argues, as he did with True Oil, see supra pp. 194-195, that Jean True’s 37.63-percent interest transferred as of June 30, 1994, was not entitled to a minority discount, because it represented a significant ownership block that had swing vote potential. d. Court’s Analysis The positions of the parties and the Court’s determinations of the marketable value of Black Hills Trucking’s total equity at each of the valuation dates are summarized infra pp. 266-267. We accept the final Lax report’s controlling equity value on a net asset value basis of $10,933,730 as of June 3, 1994. We believe that a hypothetical buyer would consider underlying asset value in negotiating a purchase price, especially if purchasing aPage: Previous 246 247 248 249 250 251 252 253 254 255 256 257 258 259 260 261 262 263 264 265 Next
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