- 282 - We accept the agreement of the parties that controlling equity value on a net asset basis was $1,139,080 as of June 3, 1994. However, we reject respondent’s swing vote argument, for the reasons stated in our analysis of True Oil. See supra pp. 201-202. We find the final Lax report’s combined discount of 60 percent to be excessive and unsubstantiated. Mr. Lax solely relied on sales of registered real estate limited partnership interests as benchmarks for the discount he applied to White Stallion. However, we do not believe that registered real estate limited partnerships are comparable to White Stallion, an operating dude ranch organized as an S corporation. Further, we cannot evaluate the reasonableness of the final Lax report’s minority discount relative to Mr. Kimball’s, because of Mr. Lax’s combined discount approach. We are not convinced that using a combined discount is appropriate, inasmuch as marketability and minority discounts are conceptually distinct. See Estate of Newhouse v. Commissioner, 94 T.C. at 249. The final Lax report did not discuss the requirements for control under Arizona law or White Stallion’s governing documents before concluding that Dave True’s interest lacked control. In addition, Mr. Lax did not provide a theoretical basis for his change in approach to calculating discounts (going from separate to combined discounts) between the initial and final Lax reports. This makes Mr. Lax’s conclusions seem arbitrary.Page: Previous 272 273 274 275 276 277 278 279 280 281 282 283 284 285 286 287 288 289 290 291 Next
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