- 8 - respectively. In his direct testimony, Dr. Spiro reached the conclusion that the aggregate fair market value of the shares as of the valuation date was $30,300,000, or $48,100 a share, rounded.2 In reaching his conclusion, Dr. Spiro utilized both a market approach and an income approach, the latter of which is based upon the discounted cashflow method. He then applied to the results under both approaches a 15-percent “liquidity discount” and a 10-percent discount for “additional risks associated with S corporations” including “the potential loss of S corporation status and shareholder liability for income taxes on S corporation income, regardless of the level of distributions.” He reconciled the two approaches by applying a 70-percent weighting factor to the “indicated value” of each share under the income approach ($36,150) and a 30-percent weighting factor to such value under the market approach ($65,209), resulting in a 2 The AVG report that constitutes Dr. Spiro’s direct testimony is dated Apr. 26, 2000. The parties have stipulated, and we have received into evidence, an earlier report from AVG to respondent, dated Oct. 3, 1997, in which AVG concludes that the fair market value of the shares on the valuation date was $30,177,000. That value agrees with the value used by respondent in preparing the notice of deficiency here in issue, but it is lower than the value reached in the Apr. 26, 2000, report. On brief, respondent asks us to find that, on the valuation date, the fair market value of the shares was $30,177,000. We conclude that respondent is not asking for any increased deficiency, even though the report that constitutes Dr. Spiro’s direct testimony finds a slightly higher valuation of the shares.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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