Miller & Sons Drywall, Inc. - Page 27

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                    1.  Assumed Rate of Return                                        
               Both experts used the build-up approach to calculate the               
          assumed rate of return for the tax years in issue.  The build-up            
          approach starts with the risk-free rate of return for the year in           
          issue, and three adjustments are made:  An equity risk                      
          adjustment, a size adjustment, and a company-specific risk                  
          adjustment.  The only adjustment the parties do not agree on is             
          the company-specific risk adjustment.  This adjustment cannot be            
          found in reference materials; rather, it requires a factual                 
          determination.                                                              
               Dr. Sliwoski, petitioner’s expert, found a company-specific            
          risk adjustment of negative 2.5 percent because he determined               
          that petitioner was subject to minimal business risks and                   
          extremely minimal financial risk.  By contrast, Mr. Herber,                 
          respondent’s expert, concluded that the company-specific risk               
          adjustment should be positive 5 percent for each tax year in                
          issue.  Mr. Herber considered petitioner’s size (as measured by             
          annual sales), industry risks, lack of management depth, and the            
          competitive nature of the drywall construction business as                  
          factors in making the company-specific adjustment.                          
               Having reviewed the parties’ respective positions, we                  
          disagree in part with each expert’s company-specific risk                   
          adjustment analysis.  We find the total company-specific risk               
          adjustment to be negative 2 percent for each year in issue.  We             






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Last modified: May 25, 2011