Terrene Investments, Ltd., Deerbrook Construction, Inc., Tax Matters Partner - Page 25




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          discount this royalty stream back to its net present value on               
          November 15, 1998.                                                          
               4.   Discount Rate                                                     
               The single largest source of the disparate valuations                  
          claimed by the parties is the discount rate each applies.  When             
          plugged into a present-value analysis, the rate spread of 19                
          percentage points yields a difference in valuation of more than             
          $600,000.  Ebanks used a 9% discount rate, which he arrived at by           
          taking the prime rate as of November 1998 and adding 1%.  Ebanks            
          used this formula for most of his past valuations and believes it           
          to be an acceptable practice for valuing businesses in the                  
          extraction industry.  Moritz reached for a much higher number--             
          28%.  He cited a “sensitivity analysis” of between 24% and 59%, a           
          range that he said reflected the risk perceived by the market in            
          developing the Hamblen Road property.                                       
               Coming up with such a high discount rate was due to two                
          fundamental choices that Moritz made.  The first was to treat the           
          relevant cash stream to be discounted as a cash stream from a               
          mining operation rather than a royalty interest from a mining               
          operation.  As the Commissioner conceded in his brief, the owner            
          of a royalty interest bears much less risk than does an operator;           
          that by itself makes a 28% discount much too high.  Moritz’s                
          second choice--to try to derive the discount rate from the                  
          purchase price of two of the properties that he used in his                 







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