- 25 - Jinnette admitted that he had never seen the EMS purchased by Sav-Fuel and that he was not familiar with the design of the EMS involved in this case.14 Mr. Jinnette acknowledged that some of the equipment could have become obsolete over the years. Therefore, we assign no weight to Mr. Jinnette’s conclusion regarding the useful life of the EMS and instead base our analysis on the assumption in the PPM that the EMS had a useful life of 25 years. This is the useful life projected at the time the limited partnership interests in Sav-Fuel were offered to investors. 4. Anticipated Energy Savings The PPM assumes that the savings in electrical energy costs to Gould would be 20 percent of its annual energy bill. Respondent does not challenge this assumption, and both parties’ experts relied on this assumption for purposes of determining projected income. 5. Inflation Rate of Energy Costs The PPM assumes that the inflation in energy costs would be 20 percent per year. Petitioner contends that there were energy supply shortages around 1980, and that it was not unreasonable at 14We note that the evidence in the record includes a letter from Mr. Jinnette stating that properly maintained industrial equipment of the same type as the EMS has a useful life of 10 years to more than 20 years. This is seemingly inconsistent with petitioner’s assertions and Mr. Jinnette’s statements in his report and at trial that the EMS had a useful life of at least 30 years.Page: Previous 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 Next
Last modified: May 25, 2011