Estate of H.A. True, Jr. - Page 185




                                       - 259 -                                        
              Third, contrary to the Kimball report’s emphasis on the                 
          TBVIC multiple, we find that it is not a meaningful measure of              
          value in this case.  In general, book value of tangible assets              
          would serve as a meaningful measure of value only if book value             
          was close to market value on the valuation date.  Thus, tangible            
          asset values first should be adjusted to their respective fair              
          market values to make price-to-asset-value ratios more relevant.            
          Moreover, equipment varies from one company to another in age,              
          condition, and importance to the operations, so that price-to-              
          asset-value measures are difficult to implement on a comparison             
          basis and frequently are not helpful.  See Pratt et al., Valuing            
          a Business 217 (3d ed. 1996).                                               
              Black Hills Trucking owned a variety of heavy specialized               
          equipment that was purchased anywhere from 1 to 40 years before             
          the valuation date.  Mr. Kimball calculated the fair market value           
          of equipment (under the NAV method) to be $11.5 million as of               
          December 31, 1993, while net book value was $2.5 million.  Such a           
          large disparity between book value and fair market value suggests           
          that TBVIC is not an appropriate basis for valuing Black Hills              
          Trucking.                                                                   
              Fourth, we disagree with Mr. Kimball that Dave True’s 58.16-            
          percent interest in Black Hills Trucking, valued as of June 4,              
          1994, should be treated as a noncontrolling interest.  As we said           
          in the Belle Fourche section of this opinion, see supra pp. 229-            
          230, we disregard the buy-sell agreement in computing fair market           





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