Estate of Marcia P. Hoffman, deceased, Elisabeth Hoffman, Personal Representative - Page 32




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          property by the Carbonell and Tarnow report.29  The Carbonell and           
          Tarnow report determined the value of the Cathead property based            
          on a sale of all parcels of the Cathead property over a 5-year              
          period and with a 9-percent required rate of return.  However, in           
          valuing decedent’s interest in Clubside, Mr. Bishop projected a             
          sale of all parcels of the Cathead property over a 3-year period            
          and with a 30-percent required rate of return.  The estate failed           
          to explain why it used a 3-year period when it relied on the                
          Carbonell and Tarnow report which used a 5-year period.  In                 
          support of a 30-percent rate of return, Mr. Bishop testified that           
          he used that figure based on his experience and judgment, and the           
          fact that Clubside was a closely held family partnership with no            
          basic agreements to sell anything.  We find Mr. Bishop’s 30-                
          percent rate of return over 3 years to be excessive based on the            
          facts before us.  Mr. Bishop stated in his valuation report that            
          he had discussions with real estate brokers located near the                
          Cathead property who told him that property values in that                  
          vicinity of the Lake Michigan coastline area were stable with               
          modest appreciation.  The estate presented no evidence to justify           
          a 30-percent rate of return.                                                



               29Mr. Bishop did not adjust the value of the Cathead                   
          property upward, despite testifying and stating in his valuation            
          report that he spoke with real estate agents who told him that              
          property values in this area of Lake Michigan were stable with              
          modest appreciation.                                                        





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