- 28 - 6. Discount Rate The parties generally disagree as to the appropriate discount rate to apply. Petitioner claims that the appropriate rate is 15 percent while respondent contends that it is 18.96 percent. The parties rely on expert reports and our opinion in Gianaris v. Commissioner, T.C. Memo. 1992-642. In Gianaris, we stated that the experts in that case had testified and the taxpayers had not challenged that long-term U.S. Government bonds yielded, on average, about 11.5 or 11.6 percent in 1980 and 13 percent in 1982. We felt that a premium, above the benchmark rate of return on U.S. Government debt, was necessary to compensate for the additional risk involved in the partnerships. We stated that profit-seeking investors in similar EMS tax shelters would reasonably have required a rate of return of no less than 15 percent. However, for purposes of making our calculations, we assumed discount rates equal to the rate of return on U.S. Government debt because if the investments did not show profit at those interest rates, then they would not show profit at the higher rates it could be assumed a profit-seeking investor would demand. Petitioner relies in part on our statements in Gianaris as a basis for his contention that the appropriate discount rate is 15 percent. In further support of his position, petitioner presented the report and testimony of Douglas J. Horvey (Mr.Page: Previous 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 Next
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