Estate of H.A. True, Jr. - Page 191




                                       - 264 -                                        
          by consulting auction guides, trade magazines, and new and used             
          equipment dealers.  This suggests an active market for these                
          types of assets.  However, Black Hills Trucking’s fixed assets              
          had a low tax basis relative to their resale value, which would             
          trigger a tax liability on sale.  Also, a willing seller would              
          incur other transaction costs to dispose of the company’s assets            
          either on a bulk sale or an item-by-item basis.                             
              Based on the record, we apply a 20-percent marketability                
          discount in valuing Dave True’s 58.16-percent interest in Black             
          Hills Trucking as of June 4, 1994.  This level of marketability             
          discount on a controlling interest is within the range previously           
          allowed by this Court.  See cases cited supra p. 238.                       
              To determine the appropriate marketability discount for Jean            
          True’s 37.63-percent interest in Black Hills Trucking transferred           
          as of June 30, 1994, we draw from our discussion of discounts               
          applicable to minority interests in Belle Fourche.  See supra pp.           
          238-239.                                                                    
              We find that a minority interest in Black Hills Trucking,               
          like a minority interest in Belle Fourche, is less marketable               
          than actively traded interests because:  (1) The True family is             
          committed to keeping Black Hills Trucking privately owned, (2)              
          the subject interest lacks control, and (3) Federal tax rules               
          limit the pool of potential investors in S corporations.                    
          Moreover, certain facts suggest that a minority interest in Black           
          Hills Trucking would be less marketable than a minority interest            





Page:  Previous  254  255  256  257  258  259  260  261  262  263  264  265  266  267  268  269  270  271  272  273  Next

Last modified: May 25, 2011