Estate of William G. Adams, Jr. Deceased, George W. Saenger, Executor - Page 16




                                       - 16 -                                         
               Shriner applied a 20-percent discount for marketability.  To           
          calculate the marketability discount, he first derived a 32.89-             
          percent discount by averaging the discounts found in various                
          restricted stock studies.  He reduced that amount to 20 percent             
          to account for his belief that the insurance industry was more              
          stable than the general market.                                             
               Like Shriner, Spiro found that the average marketability               
          discount based on restricted stock studies was between 30 and 35            
          percent.  Spiro also found that initial public offering studies             
          show an average marketability discount of nearly 45 percent.                
          Spiro considered the fact that WSA’s very specialized operations            
          would limit potential buyers and detract from the stock’s                   
          marketability.  He also considered the size of the block of stock           
          and elements of control which could enhance marketability.  After           
          listening to testimony at trial, he stated that a discount for              
          lack of marketability of 40 or 45 percent would be appropriate to           
          account for the risk due to the pending Rate Bureau litigation.             
          We conclude that a 35-percent discount for lack of marketability            
          applies.                                                                    
               We disagree with Shriner’s reduction from about 33 percent             
          to 20 percent because we do not believe WSA was as stable as the            
          insurance industry average.  We disagree with Spiro’s increase              
          from 35 percent to 45 percent, not because the Rate Bureau                  
          litigation should not be considered, but because we believe a 35-           






Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  Next

Last modified: May 25, 2011