- 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
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