- 24 - percent. See H. Conf. Rept. 100-1104 (Vol. II), at 112 (1988), 1988-3 C.B. 473, 602. Thus, the 9-percent interest rate the accountant used was not a reasonable interest rate, as a higher rate should have been used to reflect the private annuity's unsecured nature. Unlike a seller under a land sale contract,6 decedent under the private annuity would have only an unsecured right to receive a specified annual payment during her life. We hold that the private annuity decedent received had a value of $1,360,724 as of August 29, 1989. Sec. 7520; sec. 25.7520-4, Gift Tax Regs.; Notice 89-60, supra; Notice 89-24, supra.7 Thus, the $1,865,500 worth of land decedent transferred 6 In general, in an installment land sale contract, the seller retains record title to the real property but agrees to give the buyer immediate possession and to issue later to the buyer a deed to the property upon the buyer's full payment of the purchase price. See Ariz. Rev. Stat. Ann. secs. 33-741 to 33-749 (West 1990); see also Maciborski v. Chase Serv. Corp., 161 Ariz. 557, 779 P.2d 1296, 1298-1299 (Ariz. Ct. App. 1989). 7 As indicated above, respondent's $1,360,724 valuation of the annuity is in accordance with the mandated standards of sec. 7520; that is, in valuing the annuity, respondent employed (1) an interest rate based on the applicable Federal midterm rate and (2) a mortality component based on more recent U.S. census data. We would note that even under the pre-sec. 7520 case law, to justify a departure from respondent's administrative actuarial tables, petitioner would have had to offer, among other things, convincing expert actuarial testimony establishing respondent's table to be old or outmoded. See Estate of Christ v. Commissioner, 480 F.2d at 174. Petitioner offered no such expert testimony at trial. Even if petitioner had offered evidence attempting to do so, respondent's interest rate and mortality assumptions here (which are those prescribed by sec. 7520) can hardly be considered old or outmoded.Page: Previous 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Next
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