- 52 - In determining BCC’s value, Mr. Grizzle relied solely on an income-based approach. Mr. Fodor, the estate’s other expert, asserted that 25 percent of BCC’s value should be determined using an asset-based approach. Mr. Hitchner, respondent’s expert, asserted that BCC’s value should be calculated by giving significant weight to an asset-based approach. We are persuaded by their testimony that some weight should be given to an asset approach. BCC was an asset-rich company, with significantly more cash than similar companies. Decedent’s shares represented a controlling interest in the company, thus allowing a purchaser to control the retention or disposition of those assets. Thus, Mr. Grizzle’s reliance on an income-based approach alone, without regard to the company’s assets, raises doubt about his valuation judgments. Even if we assume that an income-based approach alone were appropriate here, Mr. Grizzle excluded nonoperating assets from his valuation, on the theory that, in actual transactions, sellers do not sell nonoperating assets along with the operating assets. Thus, he envisioned decedent selling BCC’s operating assets only, while retaining its nonoperating assets. The purchase price set forth in the Modified 1981 Agreement, however, was for decedent’s interest in BCC’s operating and nonoperating assets. As discussed infra in Part II.C.3., BCC hadPage: Previous 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 Next
Last modified: May 25, 2011