Estate of Paul C. Gribauskas - Page 26




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               2.  Comparison of Nonannuity and Annuity Characteristics               
               In seeking to ascertain what might distinguish notes                   
          receivable, leasehold payments, patent rights, and royalties from           
          the annuities previously examined, we look first at notes                   
          receivable.  Furthermore, our review thereof convinces us that              
          these assets differ from annuities in a fundamental respect.  It            
          is the concept of interest which renders valuation of a note a              
          very different enterprise from valuation of an annuity.  Because            
          an annuity involves a series of fixed payments which bear no                
          interest, it is actuarially valued by discounting the stream to             
          present value.  The purpose of doing so is to account for the               
          time value of money.  In contrast, because the vast majority of             
          notes are interest-bearing, no such calculation is required.  The           
          issue of time value is addressed by charging interest on the face           
          amount, such that the outstanding principal typically corresponds           
          to the present value without need for further manipulation.  This           
          idea, in turn, provides the rationale which supports the rule set           
          forth in section 20.2031-4, Estate Tax Regs., presuming a value             
          equal to the unpaid principal amount and listing the interest               
          rate (or, implicitly, lack of a market rate of interest) as a               
          potential basis for deviation.  A similar approach presuming a              
          value equal to the “face” dollar amount of annuity installments             
          could not reasonably be suggested.                                          








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