Estate of Lewis S. Thompson, III, Deceased, Synovus Trust Company, Successor Executor To Security Bank and Trust Company - Page 18

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          the time the contract is entered into.  In that connection,                 
          Report 807 states                                                           
               This report provides guidance on the development of                    
               escalation clauses in contracts which are to be tied to                
               Producer Price Index data. * * *                                       
               * * * Because index methodology and publication                        
               conventions could be crucial in developing escalation                  
               clauses, this report is intended to alert users to                     
               potential problems arising in these areas.                             
               Even if Report 807 could be construed to support the                   
          proposition for which it is offered, Frazer's report failed to              
          indicate which index he relied upon to come up with the adjusted            
          net lease income per acre figures for the properties used as                
          comparables.  This omission flies in the face of the guidelines             
          set forth in Report 807, one of which admonishes contracting                
          parties to avoid "Vague citation of 'the Producer Price Index'              
          rather than a reference to a specific index by its title and any            
          identifying code number."  Moreover, upon being questioned by the           
          Court, Frazer was unable to explain the calculations leading to             
          his adjusted net lease income per acre figures.  Cf. Estate of              
          Sequeira v. Commissioner, T.C. Memo. 1995-450 ("The regulations             
          * * * require more than a brief narrative and calculations on the           
          return.  The regulations require that petitioner be able to                 
          substantiate these figures with supporting documentation").                 
               We think that Frazer's adjusted net lease income per acre              
          figures are more akin to an appraisal, which is expressly                   
          prohibited by section 20.2032A-4(b)(2)(iii), Estate Tax Regs.,              





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