Estate of Richie C. Heck, Deceased , Gary Heck, Special Administrator - Page 23




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          sale of paint and coatings).  Here, Mondavi and Canandaigua were,           
          at best, involved in similar lines of business.  Under section              
          2031(b) and section 20.2031-2(f), Estate Tax Regs., publicly held           
          companies involved in similar lines of business may constitute              
          guideline companies, and we have so held.  See, e.g., Estate of             
          Gallo v. Commissioner, T.C. Memo. 1985-363, where, in valuing the           
          stock of the largest producer of wine in the United States, we              
          approved the use by taxpayer’s experts of comparables consisting            
          of companies in the brewing, distilling, soft drink, and even               
          food processing industries.  But, in that case, the experts used            
          at least 10 companies as guideline companies.  See also Estate of           
          Hall v. Commissioner, supra at 325, where we adopted an expert              
          report utilizing a market approach based upon a comparison with             
          six somewhat similar companies.  As similarity to the company to            
          be valued decreases, the number of required comparables increases           
          in order to minimize the risk that the results will be distorted            
          by attributes unique to each of the guideline companies.  In this           
          case, we find that Mondavi and Canandaigua were not sufficiently            
          similar to Korbel to permit the use of a market approach based              
          upon those two companies alone.6                                            




               6  Dr. Bajaj argues that only companies that are “primarily            
          champagne/sparkling wine producers like Korbel” constitute                  
          permissible guideline companies.  Because no such publicly traded           
          company existed, Dr. Bajaj rejected the market approach.  We find           
          Dr. Bajaj’s approach to be unduly narrow (in theory), in light of           
          the case law cited in the text.  Nonetheless, we agree, albeit              
          for different reasons, that respondent improperly applied the               
          market approach in this case.                                               

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