- 32 - 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).Page: Previous 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 Next
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