Estate of Richie C. Heck, Deceased , Gary Heck, Special Administrator - Page 22




                                       - 22 -                                         
          the company subject to valuation, were the two leaders in the               
          greeting card industry.  The Commissioner’s expert concluded that           
          American Greetings “was the only reasonably comparable company to           
          Hallmark because it had a similar product mix and capital                   
          structure and served the same markets.”  Id. at 331.  We rejected           
          the valuation report submitted by the Commissioner’s expert in              
          light of his reliance on a single comparable company in employing           
          the market approach.  In so doing, we observed that “[a]ny one              
          company may have unique individual characteristics that may                 
          distort the comparison.”  Id. at 340.  A sample of one tells us             
          little about what is normal for the population in question.5                
          Dr. Spiro has failed to convince us of the reliability of his               
          guideline analysis.                                                         
               Even if we were to accept that Dr. Spiro relied on both                
          Canandaigua and Mondavi as guideline companies, as respondent               
          argues, we would still reject Dr. Spiro’s use of the market                 
          approach in this case.  Respondent points out that we have                  
          approved the use of the market approach based upon as few as two            
          guideline companies.  See Estate of Desmond v. Commissioner, T.C.           
          Memo. 1999-76.  But in that case, all three companies were in the           
          same, and not just a similar, line of business (manufacture and             


               5  In his rebuttal report, Dr. Bajaj states:  “The superior            
          quality of Mondavi’s wines, its innovative packaging [a new                 
          bottle with a flange top that prevented dripping and used a dot             
          of wax instead of a foil capsule as a seal] and strong                      
          advertising coupled with its reputation as an environment-                  
          friendly producer * * * [were attributes that] were largely                 
          unique to * * * [Mondavi]”.  (Fn. ref. omitted.)  Respondent does           
          not challenge Dr. Bajaj on that point, which point indicates that           
          Mondavi may not be reflective of the norm.                                  

Page:  Previous  12  13  14  15  16  17  18  19  20  21  22  23  24  25  26  27  28  29  30  31  Next

Last modified: May 25, 2011