Estate of Paul C. Gribauskas - Page 19




                                       - 19 -                                         
               The estate discusses notes receivable, leasehold payments,             
          patents, and royalties.  We recount features of these assets and            
          their valuation as stipulated by the parties, without opining as            
          to the validity thereof, for purposes of framing the parties’               
          respective positions.  A note receivable represents the promise             
          of the maker to pay the holder a definite sum of money.  Notes              
          receivable, although exhibiting a wide array of discrete terms              
          and conditions, generally are the product of an agreement that              
          provides for a series of payments over a period not necessarily             
          determined by reference to the holder’s life.  Pursuant to                  
          section 20.2031-4, Estate Tax Regs., the fair market value of a             
          note is presumed to be its unpaid principal amount plus accrued             
          interest.  However, this presumption can be refuted by evidence             
          that the interest rate, maturity date, collection risk, maker               
          solvency, collateral sufficiency, or other causes warrant a                 
          lesser value.                                                               
               A leasehold interest is the product of an agreement                    
          providing for a lessor to receive payment for a lessee’s use of             
          property.  Valuation of the resultant payment stream typically              
          relies upon an income capitalization approach to discount the               
          rental installments to present value.  Factors considered in                
          calculating an appropriate capitalization rate include the nature           
          of the property, the positive and negative physical attributes of           








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