- 30 - reflect the additional lack of marketability attributable to a minority interest. On the basis of a thorough review of the entire record before us, we believe that we correctly arrived at a 35-percent discount rate that combines the lack of control and any additional lack of marketability attributable to that lack of control that is not reflected in the $150 million control, nonmarketable acquisition value. The experts generally agreed that the most significant factors included the impact of Mr. Mitchell’s death on the reputation of the company, the costs of the DeJoria litigation, cashflow patterns, the marketability of the estate’s minority (i.e. noncontrolling) interest of stock in the company, and the overall competition in the hair care industry. The $150 million acquisition price reflects the cashflow patterns and the overall competition in the hair care industry. We apply a 10-percent discount to the $150 million to reflect the impact of Mr. Mitchell’s death on the value of the corporation.4 We apply a 35- percent discount for lack of control and additional lack of marketability attributable to the minority interest. Finally, we reduce the value of the 49.04-percent ownership interest by $1,500,000 to account for the possibility of litigation with Mr. 4 This 10-percent discount is consistent with Mr. Weiksner’s extraordinary risk discount.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