Robert Dallas - Page 24

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          their votes is speculative.  We conclude that no additional                 
          discount is warranted for lack of voting power.                             
                    b.   Minority Interest Discount for Nonoperating Assets           
               AE and Empire estimated minority interest discounts of 15              
          percent for nonoperating assets.15  Petitioner does not dispute             
          the appropriateness of a minority interest discount of 15 percent           
          for nonoperating assets.                                                    
                    c.   Minority Interest Discount for Operating Assets              
               AE applied a 20-percent minority interest discount for                 
          operating assets.16  Petitioner contends that amount is too low             
          because AE computed it using a formula based on a control                   
          premium, and, in estimating the control premium, AE adjusted for            
          excessive executive compensation.  We disagree.  There is no                
          indication that AE based its selection of the control premium on            
          excessive executive compensation.                                           
               5.   Discount for Lack of Marketability                                
               Each expert concludes that some discount for lack of                   
          marketability is appropriate because there was no ready market              
          for DGA stock on the valuation dates.                                       



               15  MPI did not use a separate minority interest discount              
          for nonoperating assets because MPI used a net asset value                  
          approach to value a minority interest and because MPI’s method              
          assumed that the DGA stock at issue was for a minority interest.            
               16  MPI did not use a minority interest discount for                   
          operating assets because MPI’s method assumed that the DGA stock            
          at issue was for a minority interest.                                       




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