- 27 - Petitioner’s Expert Petitioner’s expert, Schwartz, based his recommended 40- percent marketability discount on various studies of restricted stocks and on various studies analyzing “the relationship between the prices of companies whose shares were initially offered to the public (IPO) and the prices at which their shares traded privately within a short period immediately preceding the public offering.” Schwartz concluded that these various studies indicated a “reasonable range” for a marketability discount between 35 and 50 percent. In valuing the C&L Bailey stock, Schwartz selected a marketability discount of 40 percent as being somewhat below the midpoint of this indicated range. The restricted stock studies that Schwartz relied upon analyzed stocks that had a holding period of 2 years or less. The record contains no evidence, however, to support an assumption that an investor in C&L Bailey would likely have such a short-term investment horizon. To the contrary, the evidence in the record strongly suggests that since the inception of C&L Bailey, there has been no trading of its shares, suggesting that the hypothetical willing buyer who is representative of prospective investors in C&L Bailey might well have a longer investment horizon than the investors of the restricted stocks analyzed in the studies. Moreover, the restricted stock studies that Schwartz relies upon analyzed, at least in part, thePage: Previous 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 Next
Last modified: May 25, 2011