- 63 - BCC’s annual contributions to the ESOP (which he elsewhere accounted for as a deduction against earnings to be capitalized) would be insufficient to satisfy some or all of the ESOP repurchase obligation. Indeed, Mr. Truono testified that the ESOP repurchase obligation had never exceeded $100,000 in any year. In sum, Mr. Fodor’s failure to address the foregoing issues leaves us unpersuaded of his claim that BCC’s annual ESOP repurchase obligation requires a $750,000 downward adjustment to either the income- or asset-based valuation methods he chose.33 Instead, we are persuaded that, under the facts presented here, Mr. Hitchner was correct in his position that any ESOP repurchase obligation did not warrant the adjustments of the sort Mr. Fodor advocated. Because Mr. Fodor’s $750,000 adjustment led to a dollar-for- dollar decrease in both his income- and asset-based values, the adjustment led to a dollar-for-dollar decrease in his final blended estimate of BCC’s value. Correcting Mr. Fodor’s treatment of the ESOP repurchase obligation to remove the 33 Because of these shortcomings in Mr. Fodor’s analysis of the need for an adjustment to account for an ESOP repurchase obligation, we do not reach the separate question of whether Mr. Fodor’s report may rely upon the 1997 BVS appraisal’s $750,000 figure without qualifying that appraisal as expert testimony.Page: Previous 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 Next
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