- 15 - discounts applied. For instance, he discounted for the loss of Harvey Leichter in all three methods and after weighing all three, he discounted again for lack of marketability. We found this to be an attempt to discount for the same reasons he discounted the values initially. For that reason among others, we question whether his report can be relied upon. Significantly, Mr. Garvin fails to explain his reasons for not including a pure liquidation analysis as part of his report. In effect, Mr. Garvin is opining that Harlee is worth substantially less than its liquidation value. He fails to explain why the hypothetical seller would choose not to liquidate when he concludes that the going concern value is less than the value of its assets.4 Mr. John McCallum was hired by the estate for litigation purposes and opined that the value of Harlee was $400,000 as of December 31, 1995. In reviewing Mr. McCallum’s report, we find that his conclusions and analysis are brief and cursory in nature. For instance, while acknowledging in the appraisal that his date of valuation was 2 months after decedent’s date of death, Mr. McCallum merely states that “this date is appropriate.” Mr. McCallum’s “Observations as to Conditions” of Harlee is less than 10 sentences. Mr. McCallum provides no 4 The estate points out that Steven Leichter wanted to continue the family business and felt an obligation to the employees. However, we can only consider the motivations of a hypothetical seller or buyer, not those of Steven Leichter.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
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