Clarissa W. Lappo - Page 24

                                       - 24 -                                         
               We note initially that, in this context, we prefer Dr.                 
          Shapiro’s “private placement” approach (as embodied in the Bajaj            
          study) over Mr. Oliver’s more narrow “restricted stock” approach.           
          See McCord v. Commissioner, supra at 394.  Absent further                   
          explication of the Bajaj study by Dr. Shapiro, however, and                 
          without the benefit of other empirical studies that would tend to           
          validate the conclusions of the Bajaj study, we are unpersuaded             
          that a 7.2-percent discount is an appropriate quantitative                  
          starting point for determining the marketability discount                   
          applicable to the gifted interests in this case.                            
               Looking instead to the raw data from the Bajaj study, we see           
          that the average discount with respect to its sample of private             
          placements is 22.21 percent.23  The Hertzel & Smith study, cited            
          in the Bajaj study, reported an average discount of 20.14 percent           
          with respect to its sample of private placements.24  Averaging              
          those two figures, we conclude that a 21-percent marketability              
          discount is appropriate before adjustments to incorporate                   
          characteristics specific to the partnership.  We note that this             
          discount rate is very close to the 19.45-percent median discount            





               23 See Bajaj et al., supra at 107.                                     
               24 Hertzel & Smith, supra at 470.  The other private                   
          placement study cited in the Bajaj study, the Wruck study, does             
          not reveal an average discount for the overall sample.                      




Page:  Previous  8  9  10  11  12  13  14  15  16  17  18  19  20  21  22  23  24  25  26  27  Next

Last modified: May 25, 2011