- 275 -                                        
          discounts to the marketable minority values as of January 1,                
          1993, June 4, 1994, and June 30, 1994.                                      
                      b. Final Lax Report                                             
              As previously described, see supra p. 271, Mr. Lax applied a            
          combined minority and marketability discount from net asset value           
          of 60 percent.  Thus, Mr. Lax’s nonmarketable minority value as             
          of June 3, 1994, was $6,869,694.77                                          
                      c. Respondent’s Position                                        
              Respondent argues that the size adjustment applied by Mr.               
          Hall to value True Ranches’ land and improvements reflected the             
          difficulties associated with marketing such a large ranch.                  
          Respondent contends that the marketability discounts applied my             
          Messrs. Kimball and Lax incorporated similar considerations.                
          Therefore, respondent concludes that the marketability discounts            
          in the Kimball and Lax reports are redundant and allows no                  
          marketability discounts in valuing the subject interests in True            
          Ranches.                                                                    
                      d. Court’s Analysis                                             
              We reject Mr. Kimball’s justifications for marketability                
          discounts that derive from the buy-sell agreement restrictions.             
              We also reject respondent’s argument that any marketability             
          discount used to determine the fair market value of an interest             
               77Due to a computational error, the final Lax report                   
          incorrectly computed the nonmarketable minority value to be                 
          $7,084,370.                                                                 
Page:  Previous   265   266   267   268   269   270   271   272   273   274   275   276   277   278   279   280   281   282   283   284   NextLast modified: May 25, 2011