- 42 - Well, with regard to these particular industries and with regard to Hess, I mean, even though they are in a cyclical industry, it appeared that they were going through a period of secular growth, which would mean a growth without regard to the normal patterns of the industry. And, certainly, that’s borne out in the growth rate of the company’s sales, the growth rate of the company’s earnings and the budget data regarding what expectations were for the future. So for this particular company, I don’t think that it’s appropriate to measure it over a period of years. Under these circumstances, we cannot agree that Mr. Engstrom’s use of the 1995 fiscal year information alone renders his analysis unreliable.39 We are not convinced that his reliance on the 1995 financial information necessarily overstates the fair market value of HII stock. Nevertheless, we recognize this possibility and consider it in reaching our conclusions. Petitioners also suggest that Mr. Engstrom should have made a downward adjustment to the P/E ratios to reflect the fact that HII’s asset utilization (sales to total assets) was higher than that of the guidelines. In Mr. Heebink’s market comparable analysis, he made a downward adjustment to reflect the differences in HII’s asset utilization. According to Mr. 38(...continued) 217. 39Mr. Heebink testified generally regarding the benefits and preferability of using longer periods for comparison and the potential of an overstatement when using financial information for only 1 year. However, he did not testify regarding whether the use of a longer period or averages would have affected Mr. Engstrom’s conclusions.Page: Previous 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 Next
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