- 11 - 2. Discount Rate Respondent argues that a capitalization rate of 9 to 10 percent is applicable in this case. In support of that argument, she points to Ebner’s testimony and to the testimony of her own expert, Flowers. Petitioner argues for a discount rate of 14 percent: the rate of return which a potential investor would require from the type of investment involved herein is considered a minimum of 10% exclusive of investment risks. The evidence in this case clearly indicates that there are many risks inherent with the ownership of this type property. Therefore, it is reasonable for the court to accept 14% as a required rate of return on this type of investment. * * * Petitioner points only to the expert testimony of Pinkowski to support a rate of return of 14 percent. We do not find Pinkowski particularly helpful with respect to the capitalization approach. Petitioner has failed to prove that a discount rate of greater than 10 percent is appropriate. We shall use 10 percent. 3. Value of Interest After Partition The parties have stipulated that the timberland had a fair market value of $40 million as of the date of the 1987 gifts. Respondent argues, however, that because of the Barges’ saw timber management philosophy, the value of the timberland would increase during the period of any action to partition. We thinkPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
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