- 27 - be increased by about 9 percent per annum, and so they used a 9- percent factor. Accepting a $150,000 cash per-acre value, the 90.74 acres would produce a $13,611,000 gross value. We accept the 9-percent discount rate and apply it to the agreement’s contemplated two closings, to wit: no later than 3 and 6 years from June 1994. These closing dates represented outside limits, and the closings could possibly have occurred earlier. It was estimated that, as of June 1994, the entitlement process would, on a fast track, take about 1-1/2 years and, at the outside, 3 to 4 years. We use the 3- and 6-year dates (the limits of the June 1994 agreement) to account for the lapse of time until payment and account for the 1 year and several months by which the date of death preceded the June 1994 agreement. Because of the known difficulties expected to be encountered in the approval process, it is also reasonable to use the 3- and 6-year closing dates and discount one-half of the contract price to account for a 3-year delay and the other to account for a 6-year delay. Using a 9-percent discount rate, we hold that the present value of the $13,611,000 contract price would be $9,312,992 (present value of one-half of $13,611,000 at 9 percent for a 3-year period ($5,255,095) and one-half of $13,611,000 at 9 percent for a 6-year period ($4,057,897)). As a final matter, we consider the appropriate fractional discount, if any, that should be applied to decedent’s one-halfPage: Previous 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 Next
Last modified: May 25, 2011