Estate of H.A. True, Jr. - Page 182




                                       - 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 a           





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