Johann T. and Johanna Hess - Page 48

                                       - 48 -                                         
          Discounts                                                                   
               The parties and their experts agree that a 15-percent                  
          minority interest discount should be applied where appropriate to           
          reflect the lack of control inherent in a minority interest in              
          HII stock.  They also agree that a marketability discount is                
          appropriate to reflect the lack of a ready market for the HII               
          stock on the gift date.  However, they disagree as to the                   
          appropriate marketability discount to be applied:  Mr. Heebink              
          applied a 30-percent discount, and Mr. Engstrom applied a 25-               
          percent discount.                                                           
               Our review of Mr. Heebink’s report shows a potential overlap           
          and an apparent failure to make a proper separation between the             
          lack of control and the lack of marketability apparent in a                 
          minority interest in HII.  See Estate of Andrews v. Commissioner,           
          79 T.C. at 953 (explaining the difference between minority                  
          interest discount and marketability discount).  Mr. Heebink                 
          states that “Minority interest shares are significantly less                
          marketable and liquid than controlling interest shares because              
          few investors are interested in minority interest investments in            
          closely held companies”, and he concludes:                                  
               Considering that this valuation relates to a minority                  
               interest in a company with extensive owner involvement,                
               significant technical expertise, high earnings and                     
               profitability variation, and above average automobile                  
               industry concentration, a 30% marketability and                        
               liquidity discount was selected for Hess Industries.                   







Page:  Previous  31  32  33  34  35  36  37  38  39  40  41  42  43  44  45  46  47  48  49  50  Next

Last modified: May 25, 2011