- 15 - The following chart summarizes the positions taken in the expert reports: Empire MPI AE (Nammacher) (Oliver, Hassan) (Vandervliet, Kettell) Valuation methods Capitalization ofDiscounted cash Capitalization of income flow; guideline income; guideline company company; guideline transactions Capitalization 15.57% for 1999 16.5% for 1999; 16% for 1999; 15% rates 15.5% for 2000 for 2000 Tax-affecting Reduced net Reduced net None earnings by 40% earnings by 35% Executive Reduced expenses None Reduced expenses compensation by $1.4 million by $1.3 million adjustment for 1998; for 1999, compensation compensation adjusted 8% per adjusted 5% per year for 1994-98 year for 1994- 2000 Discounts 15% minority 40% lack of 20% minority interest and lackmarketability; 5%interest and lack of control for lack of voting of control for nonoperating power operating assets; assets; 35% lack 15% minority of marketability interest and lack of control for nonoperating assets; 20% lack of marketability 1999 per-share $620 $528 $1,004 value 2000 per-share None given $584 $1,026 value We may accept or reject expert testimony according to our own judgment, and we may be selective in deciding what parts of an expert’s opinion, if any, we accept. Helvering v. Natl. Grocery Co., 304 U.S. 282, 295 (1938). In general, we found AE’s report and the testimony of Vandervliet and Kettell to be morePage: Previous 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Next
Last modified: May 25, 2011