- 51 - meet the spirit and letter of the subject regulation. Mr. Dodds’s uncontradicted testimony reflected that there were some differences in the categorization of accounts25 and in the individual trading volume or activity of customers, but that the clientele of both firms was substantially similar. Both were discount brokerages, and they competed in the same market for their clientele. Petitioner also notes that respondent’s expert’s report, using petitioner’s preacquisition revenue experience, resulted in predictions of the postacquisition revenue stream from Rose accounts with better than 80-percent accuracy in early years and 98-percent accuracy for the third and fourth years after acquisition. Further, petitioner highlights the fact that it was the leader in the discount broker industry with a 42.4-percent market share. That fact made petitioner’s experience, within the meaning of the regulation, sufficiently “adequate” to determine the useful lives that the Rose accounts were likely to have in the context of petitioner’s business. Ultimately, the disagreement between the parties boils down to the degree of similarity needed to invoke the use of one’s own 25 Specifically, Rose had more institutional customers. Respondent also argues that petitioner’s expert (Mr. Knoblick) used shorter lives in his analysis than were estimated by Mr. Dodds in connection with the preacquisition analysis of Rose. We pay little heed to respondent’s point because Mr. Knoblick’s analysis was based on an actuarial approach, comprising a complete historical analysis of all of petitioner’s accounts.Page: Previous 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 Next
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