Estate of Emanuel Trompeter, Deceased, Robin Carol Trompeter Gonzalez and Janet Ilene Trompeter Polachek, Co-Executors - Page 77

                                        -76-                                          
          II.  Present Value Formulae and Discount Rate of Four Percent               
               A.  Overview                                                           
               In Trompeter I, we decided the applicable fair market value            
          of the series A preferred stock includable in the taxable estate.           
          We detailed our valuation methodology but did not identify with             
          specificity the present value formulae which were a part thereof.           
          Nor did we state with specificity the reasons behind our use of a           
          4-percent discount rate.  The Court of Appeals for the Ninth                
          Circuit remanded this case to us to specify that formulae and to            
          document the reasons for using the 4-percent rate.                          
               B.  Present Value Formulae                                             
                    1.  Redemption Value of Series A Preferred Stock                  
               The certificate of designation underlying the series A                 
          preferred stock (certificate of designation)47 required that                
          Sterling redeem 1,000 shares of that stock on each December 31,             
          1993 through 1995.  For each of those dates, we calculated in               
          Trompeter I the amount of the redemption payment payable under              
          the certificate of designation for the decedent’s series A                  
          preferred stock using the following formula:  P x (1 + i/n)y.               
          In this context, “P” equals the 511.161 shares of the decedent’s            
          series A preferred stock required to be redeemed on December 31,            

               47 In Trompeter I, we referred to the certificate of                   
          designation as a “purchase agreement”.  In that we now broaden              
          our findings of fact to address the specific attributes of that             
          stock, and not simply to address the fact that the stock was                
          redeemed, we herein refer to that document by its given title.              





Page:  Previous  66  67  68  69  70  71  72  73  74  75  76  77  78  79  80  81  82  83  84  85  Next

Last modified: May 25, 2011