- 25 - contending that CCC’s securities will appreciate, increasing the future tax payments and thereby obviating the need to discount. The estate’s expert, in an effort to support this theory, testified that if the premise is that the liquidation or sale of substantially all of a corporation’s assets would occur in the future, there should also be: a long term projection * * * that the stock will appreciate. If the stock appreciates, the capital gains tax liability will appreciate commensurate [sic]. The present value of the capital gains tax liability will be the same. Only if you assume there’s no appreciation in the stock would you discount the capital gains tax. And that’s a completely unreasonable assumption. Thus, the estate through its expert, Mr. Frazier, contends that irrespective of the unlikelihood of liquidation there should be a dollar-for-dollar decrease for the built-in capital gain tax liability, representing the present value of that liability because the liability will increase over time. In that regard, the estate argues that Mr. Shaked incorrectly assumed that the stock would not appreciate. In addressing this argument, Mr. Shaked explained that the need to discount the built-in capital gain tax liability is analogous to the need to discount carryforward losses because they cannot be used until years after the valuation year. Mr. Shaked’s approach is to calculate the built-in capital gain tax liability by determining when it would likely be incurred. WePage: Previous 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 Next
Last modified: May 25, 2011