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: Delaware Business Litigation ReportCourt Of Chancery Explains Valuation Principles
By Edward M. McNally
Berger v. Pubco Corp., C.A. 3414-CC (May 10, 2010)
This decisions explains 2 points of appraisal law. First, when the discounted cash flow approach is used to value a company, no control premium is added to the result. That sort of premium is only used when the valuation is based on comparable market prices of "comps" that reflect the minority discount inherent in the price of a small block of stock.
Second, at least in this case, there is no deduction for the capital gain tax due on the sale of assets by a holding company. Instead, those assets are valued on a pre-tax basis.
Full post as published by Delaware Business Litigation Report on May 10, 2010 (boomark / email).
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