- 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
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