-33- plan model only 20 percent under the income approach, despite the admonitions of management that the operations plan projections were only what could be created in a perfect environment while the management plan forecasted realistic, achievable targets. In addition, Dr. Hakala did not use a dividend-based method under the income approach, although the record reflects that periodic dividends were the primary means of obtaining a return on Kohler stock due to the privately held nature of the company. When asked why he did not use the dividend method at trial, Dr. Hakala argued first that the DCF analysis made other income approaches redundant and then stated that dividend-based methods were unreliable. We are concerned by Dr. Hakala’s choice to ignore any dividend-based method for Kohler, a privately owned company that periodically and historically has paid large dividends as a return to its shareholders, recognizing that no ready market exists for a shareholder wishing to sell. We found after the estate’s case in chief that respondent has the burden to prove that the value of the Kohler stock on the estate’s return was incorrect. After carefully reviewing and considering all of the evidence, we continue to find Dr. Hakala’s conclusions to be incredible. We therefore give no weight to respondent’s expert’s conclusions. Respondent has therefore not met his burden of proof. Accordingly, we find the value of thePage: Previous 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 Next
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