- 18 - 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.,Page: Previous 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Next
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