John E. Wall - Page 34




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          from sources other than the note.  Second, Mr. Schroeder                    
          expressly stated that his approach was designed to produce a                
          “control” value for Demco, rather than a minority value; he                 
          therefore applied a 17-percent minority discount to the present             
          value of Demco’s future income.  Third, Mr. Schroeder’s                     
          determinations of both Demco’s future income and the appropriate            
          discount rate to apply to that income were quite different from             
          Ms. Walker’s.                                                               
               With respect to his estimation of Demco’s future income, Mr.           
          Schroeder, unlike Ms. Walker, did attempt to predict Demco’s                
          operating results for 1992-96.  Of course, because Demco’s                  
          management had not made any long-term forecasts, Mr. Schroeder’s            
          predictions, like Ms. Walker’s extrapolations, necessarily were             
          based to a considerable extent on Demco’s historical operating              
          results.  Nevertheless, Mr. Schroeder did specifically predict              
          that Demco’s distribution, marketing, and administrative expenses           
          would decline from their 1991 levels.  He also predicted that               
          management’s forecasted 1992 net income was too high.23                     
               With respect to the appropriate discount rate, Mr. Schroeder           
          chose a rate of 15 percent for 1992, the first year of his                  

               23 We note that Mr. Schroeder, like Ms. Walker, tax effected           
          Demco’s future cash-flows by subtracting hypothetical income tax            
          from Demco’s projected net income (Mr. Schroeder used a 40-                 
          percent rate, while Ms. Walker used a 34-percent rate).   We                
          believe this is likely to result in an undervaluation of Demco              
          because Demco is an S corporation.  See supra note 19.                      





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