J.C. Shepherd - Page 28




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               Because rent increases under the lease historically have               
          lagged behind increases in the PPI, and in light of the                     
          uncertainty about the magnitude and direction of changes in PPI             
          annual averages over a period as long as the 32 years remaining             
          on the lease term at the time of petitioner’s gifts, we conclude            
          that it is appropriate to take into account historical patterns             
          of actual rents under the lease.  On the basis of our review of             
          all the expert reports and testimony, we conclude that Lipscomb’s           
          projection of a 5.2-percent rent increase every 3 years for the             
          duration of the lease is fair and reasonable.                               
                    b.  Present Value of Projected Rental Payments                    
               In determining the 1991 present value of the projected                 
          rental payments, a critical factor is the discount rate applied             
          to the projected lease income stream.                                       
               Lipscomb selected a discount rate of 8 percent, as                     
          representing “what a typical investor would have expected for               
          investments of this type of land.”  His report indicates that               
          although the investment was “low-risk”, a higher discount rate              
          was warranted owing to the limited marketability of the                     
          investment.  Lipscomb applied the 8-percent discount rate to the            
          after-tax lease income stream (assuming a 35-percent tax rate).             
               Dilmore selected a discount rate of 13.5 percent, consisting           
          of a 12.5-percent “basic discount rate” and an additional 1                 
          percent to reflect the lack of a reforestation clause in the                
          lease.  Dilmore’s report states that he selected the 12.5-percent           




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