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20031408'7 <br />during the marriage. <br />The 1,000 shares of stock in Darick's Paint and Body, Inc. are valued at $60,905. The <br />parties' experts have chosen two different and distinct methods of valuation - -both of <br />which are accepted methods of valuation. To determine value of closely held <br />corporations for purposes of dividing marital property, the court may consider the <br />nature of the business, the corporation's fixed and liquid assets at actual or book <br />value, the corporation's net worth, marketability of shares, past earnings or losses, and <br />future earning capacity. Else vs. Else, 5 Neb. App. 319 (1997); Bryan vs. Bryan, 222 <br />Neb. 180 (1986). In the instant case, Respondent has urged that the value of the <br />business should be $445,800 (see Exhibit 94). This value is based on testimony by <br />Mr. Steve Groeteke and uses the capitalization of earnings method of valuation. This <br />method utilizes weighted averages of net earnings, and then divides by a <br />capitalization rate. Mr. Groeteke used figures from the years 1996 through 1999. <br />Petitioner's expert, Mr. Alvin Alms, valued the stock at $16,685 (Exhibit 66) as of <br />June 30, 2000 using primarily book value. <br />In rejecting the Respondent's number of $445,800 the court notes that the business <br />is located on land that is owned by the Petitioner personally and the corporation <br />would either be obligated to pay rent in the amount demanded or move the business. <br />The corporation is currently obligated to pay rent in the amount of $3,000 per month <br />to Petitioner. However, the testimony at trial was that the corporation did not have <br />enough cash to make these payments and thus was delinquent. <br />Respondent's expert sets forth in Exhibit 94 and Exhibit 11 a historical income <br />statement of the business from 1994 through 1999. The figures show extraordinarily <br />high income years for 1995, 1996, and 1997. Since 1990, the remaining figures run <br />from $20,000 to $39,000. Most recently, for the year 1999, net income is shown at <br />$20,240 and for the year 2000, net income is shown at negative $43,580. The figures <br />for 2000 were not considered in the value proposed by Respondent. The year 2000 <br />may be of significance because the Petitioner suffered a serious heart attack at the <br />beginning of the year which resulted in his decreased activity in the business. To <br />date, Petitioner has still not resumed full time activities at the shop commensurate <br />with his activities prior to the heart attack. Medical testimony by the Petitioner and <br />his Doctor show that he may be able to resume normal activities at some point, but <br />that daily cardiac rehabilitation is necessary and he must continue to take medicine <br />at a cost of nearly $400 per month. Petitioner testified that because of the <br />rehabilitation regimen and his need to rest he has not been able to devote full time to <br />the business. The decreased earnings may also be attributable to Petitioner's lack of <br />