Estate of William Busch, Deceased, Mary Dana, Executor - Page 27




                                       - 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-half             




Page:  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