Estate of Charles a. Boratello, Deceased, C. Norman Borgatello and Josephine E. Donnelly, Co-Executors, and C. Norman Borgatello, Successor Trustee to the Charles A. Borgatello Living Trust - Page 32




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            for the assets.  Adjusting Mr. Wilde's figures for our lower                               
            valuation of the shopping centers does not yield a different                               
            percentage value.10                                                                        
                  The range of discount values attributable to the tax on the                          
            built-in gain in VIC's assets presented by the experts is 32.3                             
            percent (if the assets are immediately liquidated) to 20.5                                 
            percent (if the assets are held for 10 years).  Although there is                          
            no evidence that a willing buyer of VIC would immediately                                  
            liquidate the assets, there is also not much support for                                   
            respondent's contention that a buyer would wait 10 years before                            
            liquidating the assets.  In reaching a middle ground, therefore,                           
            we find it reasonable to discount the net asset value by 24                                





            10    The current fair market value of the built-in gain assets is                         
            $17,704,290 ($17,361,110 (real estate) plus (investments in stock                          
            and art) $343,180).  Such amount, assuming a 2-percent annual                              
            growth rate for the 10-year holding period, would be worth                                 
            $21,581,354 on Jan. 12, 2004.  After adjusting for annual                                  
            depreciation of $156,000 per year during the 10-year holding                               
            period (adding $1,560,000 to the projected built in gain), the                             
            total projected built-in gain on Jan. 12, 2004, is $18,052,828.                            
            The California tax on that amount, at 9.3 percent is $1,678,913.                           
            Total Federal gain is $16,373,915 and, taxed at the 34-percent                             
            corporate Federal rate, produces $5,567,131 in Federal tax.  The                           
            total amount of Federal and California taxes on the projected                              
            built-in gain is $7,246,044.  Assuming, as Mr. Wilde did, a                                
            discount rate of 8.3 percent (Long term AFR + 2 percent for added                          
            risk), the present value of the future $7,246,044 in taxes is                              
            $3,264,571.  This amount, as a percentage of net asset value, is                           
            20.5 percent ($3,264,571 divided by $15,924,290).                                          





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