Estate of Paul Mitchell, Deceased - Page 18




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               Generally, if the inputs in the valuation model reflect                
               changes that only a control owner would (or could) make                
               (e.g., changed capital structure, reduced owner’s                      
               compensation, and so on), then the model would be                      
               expected to produce a control value. * * *                             
                    If the economic income projections merely reflect                 
               the continuation of present policies, then the model                   
               would be expected to produce a minority value. * * *                   
          Id. at 194-195.                                                             
               Under a discounted cashflow analysis, a discount rate based on         
          a traditional capital asset pricing model relates to marketable,            
          minority ownership in the investment to be valued.  Issues of               
          control and lack of marketability are usually treated separately            
          rather than incorporating them in the discount rate.  Id. at 162-           
          163.                                                                        
               If an indication of value is developed on the basis of                 
          acquisition data, applying a minority interest discount is usually          
          appropriate when valuing a minority ownership interest.  Id. at             
          305.  However, “if the benchmark for the estimated sale price is            
          valuation multiples observed in acquisitions of public companies,           
          data indicate that valuation multiples for acquisitions of private          
          companies tend to be less.”  Id. at 354.                                    
               In this case, the parties relied on expert testimony to                
          establish the fair market value of the trust’s 1,226 shares of JPMS         
          as of the moment of decedent’s death.  The estate offered the               
          expert reports and testimony of George B. Weiksner and Kenneth W.           
          McGraw, and respondent offered the report and testimony of Martin           






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