- 41 - 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.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