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APPENDIX
ARBITRATION AGREEMENT
The Petitioners and Respondent (collectively referred to as
“the parties” herein) voluntarily agree to submit certain factual
valuation issues (“the Issues”), present in the above-entitled
United States Tax Court cases, for binding arbitration. The
parties further voluntarily agree to the procedures and terms set
forth as follows in this Arbitration Agreement (“the Agreement”).
1. ARBITRATOR. The parties agree to select Forrest A.
Garb, Forrest A. Garb & Associates, Inc., (“the Arbitrator”), as
the sole arbitrator for the issues set forth in paragraph 2
below. The petitioners acknowledge that Mr. Garb was previously
employed by Respondent as his expert in the instant Tax Court
litigation. The parties further agree that the fees and costs of
the Arbitrator will be shared equally by the two parties, subject
to the applicable rules and regulations for Government
procurement, and that the specific costs and fees will be set
forth in a separate contract between the parties and the
Arbitrator.
2. ISSUES AND FINDINGS. The parties agree that the Issues
submitted for determination by the Arbitrator are solely factual
in nature and do not require the Arbitrator to render any legal
opinions. The parties further agree that the Arbitrator’s final
written determinations (“Findings”) should address the following:
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Last modified: May 25, 2011