J.C. Shepherd - Page 34




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                           ii.  Nominal Versus Real Discount Rates                    
               The lease terms adjust the annual rent payments for                    
          inflation.  The parties disagree over whether, in light of this             
          inflation-adjustment feature, it is appropriate to use a “real”             
          discount rate (i.e., a discount rate that eliminates the effects            
          of inflation) or a higher “nominal” discount rate (i.e., the real           
          rate plus the inflation rate).  Maloy’s expert report states that           
          the appropriate discount rate to apply here is a real rate.  On             
          brief, respondent argues that the discount rates used by                    
          petitioner’s experts are too high because they are nominal rates.           
          Petitioner and his experts counter that in the instant                      
          circumstances only nominal discount rates and not real rates are            
          appropriate.                                                                
               The differences between the parties appear rooted at least             
          partly in semantics.  Acknowledging that these matters are not              
          self-evident to those unbaptized in the murky waters of actuarial           
          science, we agree with petitioner and his experts, whose views              
          align with the aforementioned learned treatise, Appraisal                   
          Institute, supra at 460-461, relied upon for different purposes             
          by both parties, which states as follows:                                   
                    Because lease terms often allow for inflation with                
               * * * adjustments based on the Consumer Price Index                    
               (CPI), it is convenient and customary to project income                
               and expenses in dollars as they are expected to occur,                 
               and not to convert the amounts into constant dollars.                  
               Unadjusted discount rates, rather than real rates of                   
               return, are used so that these rates can be compared                   
               with other rates quoted in the open market–-e.g.,                      
               mortgage interest rates and bond yield rates. * * *                    




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