- 60 - increase specified in the $1 million note to the 10-percent contract rate of the $450,000 note.3 Why the default provisions negotiated with a different debtor nearly 4 years earlier accurately reflect the inherent risk in the Marsh note as of decedent’s date of death is not elucidated. We are afforded no information on relative conditions and circumstances that would facilitate a useful comparison. It is for these reasons that we were unable to give Mr. Cronkite’s income approach any significant weight in our analysis. In addition, we observe that Mr. Cronkite testified at trial to having relied primarily on the market approach in his valuation. As regards Mr. Cronkite’s market approach, our concerns in many respects parallel those highlighted above in connection with the income approach. Again, the report is cursory, conclusory, and reveals little underlying reasoning that would enable us to evaluate the result reached. The report sets forth value estimates made by Mr. Marsh and characterizes Mr. Marsh as “a secondary loans expert”. Mr. Cronkite explained at trial only that Mr. Marsh “represented to me that he was an expert in the secondary loan market.” When questioned regarding Mr. Marsh’s 3 Although the estate on brief refers to 15 percent as “the default rate under the Marsh Note” and respondent similarly characterizes 15 percent as “the default rate on the note”, the copy of the Marsh note itself in the record does not contain any provisions regarding a default rate. Rather, the $1 million note, which bears a contract rate of 11.25 percent, specifies a default rate of the contract rate plus 5 percent.Page: Previous 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 Next
Last modified: May 25, 2011