Estate of George A. Lehmann, Deceased, Walter G. Kealy, Jr., Personal Representative - Page 6

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                  The fifth amendment specified that the rental rates for the                         
            periods from January 1, 1993, through December 31, 1998, and from                         
            January 1, 1999, through December 31, 2012, were 5.44 percent and                         
            6.4 percent, respectively.  Thereafter, the partnership and the                           
            lessee were to negotiate the rental rate for each 10-year period                          
            beginning on January 1, 2013, through the end of the lease, but                           
            in any event the negotiated rate was not to be less than 6.4                              
            percent or more than 7.7 percent.  The fifth amendment also                               
            required the partnership and the lessee to set the fair market                            
            value of the unencumbered land as of the first day of the 10-year                         
            period (adjustment date).                                                                 
                  The fifth amendment added additional procedures for                                 
            resolving disputes, providing in pertinent part:                                          
                  If the parties are unable to agree on the  * * * Rental                             
                  rate to be applicable in the following period prior to                              
                  any decennial rent adjustment date from and after                                   
                  January 1, 2013, the appropriate [p]ercentage (not less                             
                  than 6.4% or more than 7.7%) shall be determined by                                 
                  appraisers appointed to determine such * * * Rental                                 
                  rate consistent with the procedure for determining the                              
                  fair market value of the unimproved land under the                                  
                  [ground lease].                                                                     
                  As of the valuation date, the principal assets of the                               
            partnership were the leased fee interest in the property and a                            
            cash balance of $64,339.  In addition, as of that date, the                               
            lessee maintained a 99-room hotel with an occupancy rate of 65                            
            percent.                                                                                  
                  In connection with the preparation of the estate tax return,                        
            petitioner obtained a valuation of decedent's interest from P.                            




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