- 12 - Here, the 19 annual payments were backed by investments in U.S. Government bonds, virtually eliminating the risk of default. As for the assumptions regarding mortality, both parties agree that the payments were set to end on a date certain. Therefore, use of the tables in this case could hardly create an unreasonable or unrealistic result. In this case, three experts used varying valuation methods based on a willing-buyer willing-seller approach. All of them employed a discount for the inherent lack of marketability of the lottery payments, none of them used the valuation tables prescribed by the regulations,5 and none of the valuations were alike. The estate suggests that the mere fact that there were differences among the amounts of the valuations warrants a departure from the tables.6 However, the three valuations with various methodologies in this case make a compelling argument justifying the use of valuation tables. In the words of the Court of Appeals for the Ninth Circuit: “actuarial tables provide a needed degree of certainty and administrative convenience in ascertaining property values and prove accurate 5 Respondent offered this expert valuation only in the alternative--in the event the Court were to reject respondent’s primary argument that the valuation tables control. See supra note 3. 6 If the valuation tables are used, the net value of the lottery payments was $8,557,850. The estate’s two experts valued the lottery payments at $4,575,000 and $6,053,189, and respondent’s expert found a value of $5,762,791.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: May 25, 2011