Estate of Emanuel Trompeter, Deceased, Robin Carol Trompeter Gonzalez and Janet Ilene Trompeter Polachek, Co-Executors - Page 81

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          the numerator of which is the total number of days over which the           
          discount is compounded and the denominator of which is 365.                 
               C.  4 Percent Discount Rate                                            
               In Trompeter I, we applied in our methodology a 4-percent              
          discount rate to ascertain the discounted value on September 18,            
          1992, of each of the redemption payments which Sterling was                 
          obligated to pay as of the three referenced dates after                     
          September 18, 1992.  The Court of Appeals for the Ninth Circuit             
          questioned whether a 4-percent discount rate accurately reflects            
          the risk that Sterling would not have redeemed its series A                 
          preferred stock as required by the certificate of designation.              
          According to the Court of Appeals for the Ninth Circuit: “it                
          seems a bit of a stretch to conclude that a buyer would have                
          accepted a discount rate of only four percent to account for the            
          time value of money and the risk that Sterling would not meet its           
          contractual obligations.”  Estate of Trompeter v. Commissioner,             
          279 F.3d 767, 773 (9th Cir. 2002) (emphasis added), vacating and            
          remanding T.C. Memo. 1998-35, supplemented by 111 T.C. 57 (1998).           
               Our 4-percent discount rate did not reflect the risk that              
          Sterling would fail to meet its contractual obligations but                 
          reflected only the time value of money; i.e., the fact that one             
          dollar to be received in the future is not worth one dollar                 
          today.  We believe that a 4-percent rate is a reasonable                    
          indicator of the time value of money as of the applicable                   






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