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Additional Complex Issues in Damages

Paper Session

Saturday, Jan. 7, 2023 2:30 PM - 4:30 PM (CST)

New Orleans Marriott, Preservation Hall Studio 9
Hosted By: National Association of Forensic Economics
  • Chair: Bernard F. Pettingill, Anderson Economic Group

Discount Rates for Closely Held Businesses: Recognizing Managerial Choice and Option Value

Patrick L. Anderson
,
Anderson Economic Group

Abstract

FFor many decades, the portfolio theory that originated with Harry Markowitz (1952, 1959) has been the dominant paradigm for setting discount rates for business valuation and commercial damages. It is based on broad presumptions that long-lived investors consider the risk and return on a portfolio of investments; that these investors can readily diversify their holdings across publicly-traded stocks and a risk-free bond; and that this limited asset set is a good proxy for the wealth of households.
The CAPM of Sharpe (1964) and Lintner (1965) developed this into an equation involving an equity market return, a “beta” factor, and a risk-free rate. Variations on the CAPM remain staples of corporate finance and valuation. Consistent with this theory, business discount rates are commonly estimated using aggregate equity returns over long periods of time. In a similar manner, lost personal earnings are commonly estimated using aggregate wage increases over time.
However dominant the portfolio theory, its broad presumptions cannot be reconciled with the fact that most private employers are closely held businesses; that investors in most such enterprises cannot substantially diversify their holdings; and that “idiosyncratic” risks are often primary for these investor-entrepreneurs. Furthermore, as Fama and French (1992) and many others have demonstrated, additional factors empirically predict stock market returns. The literature arising from this approach now provides arguments for estimating widely varying discount rates for the same company, as well as an assortment of alleged discounts and premia. We conclude that practitioners are largely unconstrained by the dominant theory, and pronounce this a sad state of affairs.
We propose an alternative to the portfolio theory, which originates from the value functional approach to business valuation outlined in Anderson (2012) that is rooted in the decision models of Bellman (1957) and the asset pricing model of Lucas (1978). This novel approach focuses on an entrepreneur solving a sequential decision problem, not an investor managing a passive investment portfolio. Such a decision problem can incorporate the liquidity constraints and asymmetric risks that most businesses face. We provide simple illustrations showing how many businesses—as well as many workers—face choices that can be modeled as sequential decision problems involving a series on one-period-ahead discount and growth assumptions. We argue that this theory is much closer to reality than the portfolio approach, and can often provide better estimates of actual value and loss.
We recommend further development of other methods that recognize managerial choice, idiosyncratic risk, and liquidity constraints as an alternative to standard portfolio models for businesses and wage growth indices for workers. We note a limited number of successful uses of this method, and emphasize the matching principle between net growth and discount rates.

Marital Status and Worklives of Mothers with Young Children

David Rosenbaum
,
University of Nebraska-Lincoln
Christopher Mann
,
University of Nebraska-Lincoln

Abstract

Do single mothers of younger children work more throughout their lifetimes than married mothers? If so, do these differences vary by level of education? To answer, a two-state model is used to calculate worklives of married mothers with a spouse present as compared to mothers of other marital status. The analysis allows for differences in education as well. Results show that married mothers of children under age 17 with a spouse present have a shorter worklife than other mothers of children under age 17. In addition, less educated mothers have a shorter worklife than more educated mothers.

Comparative Investment Risk in Tort Awards

Michael L. Nieswiadomy
,
University of North Texas
William G. Brandt
,
Brandt Forensic Economics
Willam H. Rogers
,
John Ward Economics

Abstract

This paper analyzes the performance of alternative damage fund portfolios intended to compensate a Plaintiff for the present value of a 40-year worklife of lost earnings ($50,000 per year, denominated in Year 0 dollars, with subsequent growth based on projected changes in the Employment Cost Index), reduced to present value using expected rates of return on six different alternative investment portfolio structures: Exclusive investment in Treasury bills; exclusive investment in intermediate-term Treasury bonds; exclusive investment in long-term Treasury bonds, exclusive investment in corporate bonds; exclusive investment in S&P 500 stocks, a blended portfolio with ⅓ of outstanding funds invested in Treasury bills, intermediate-term Treasury bonds and long-term Treasury bonds, respectively, and a laddered investment in zero-coupon Treasury bonds for each year, with maturity values equivalent to the projected loss in future dollars for each respective year of loss. The rates of return on the portfolios and the growth rate in the Employment Cost Index are randomly selected from a year in the 1986-2020 period. The results of 10,000 Monte Carlo simulations measure the rate of exhaustion of available funds before the end of the projection horizon (“ruin”) and the distribution of the year of ruin for each alternative portfolio structure, as well as the rate of enrichment (defined as a surplus of at least $1,000,000 in funds remaining in the portfolio at the end of the projection horizon) and the distribution of enrichment balances under each alternative portfolio structure where there is a fund surplus at the end of the projection horizon.

Discussant(s)
Michael J. O'Hara
,
University of Nebraska-Omaha
Thomas A. Ireland
,
University of Missouri-St.Louis
Craig Allen
,
TD&P Consulting
JEL Classifications
  • K3 - Other Substantive Areas of Law
  • M2 - Business Economics