Charles T. McCord, Jr. and Mary S. McCord, Donors - Page 59

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                    c.  Real Estate Partnerships25                                    
                    (1) The Appropriate Comparables                                   
               In contrast to their opinions regarding MIL’s equity and               
          bond portfolios, Dr. Bajaj and Mr. Frazier sharply disagree on              
          the general type of publicly traded entity from which to                    
          extrapolate the minority interest discount factor for MIL’s real            
          estate partnership interests.  Dr. Bajaj argues that the discount           
          factor should be based on data pertaining to real estate                    
          investment trusts (REITs).26  Mr. Frazier, on the other hand,               
          excludes REITs from consideration “since they are primarily                 
          priced on a current yield basis because REITs are required by law           
          to annually pay out a large portion of earnings to shareholders.”           
          That justification overlooks the fact that the investment funds             
          Mr. Frazier analyzes in determining the minority interest                   
          discount factors for MIL’s equity and bond portfolios are also              
          required to distribute substantially all of their income each               
          year in order to maintain their tax-favored status as regulated             
          investment companies (RICs).  Compare sec. 852(a)(1) (income                
          distribution requirement for RICs) with sec. 857(a)(1) (income              
          distribution requirement for REITs).  In the absence of any                 


               25  Dr. Bajaj limits his real estate analysis to MIL’s real            
          estate partnership interests.  We address the minority interest             
          discount factor for MIL’s direct real estate holdings infra in              
          sec. V.C.2.d.                                                               
               26  A real estate investment trust is a tax-favored vehicle            
          through which numerous investors can pool their resources to                
          invest in real estate.  See secs. 856-859.                                  




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