-85- approximately three times the 4-percent rate that we believe reflects the time value of money and, as discussed above, is the same rate at which a holder of series A preferred stock would be compensated following an untimely redemption. A 12.5-percent rate also approximates the rate that as of the applicable valuation date was payable on the series B subordinated debentures, the debt into which the series A preferred stock was convertible, and is 5 percentage points greater than the rate that was payable on the senior term notes as of December 31, 1992.53 The estate asserts on remand that we should determine the fair market value of the series A preferred stock by applying a 20-percent discount rate to the $1,947,845 actually paid to redeem the decedent’s shares. We disagree. In addition to the fact that the estate’s proffered rate does not take into account our finding that a holder of series A preferred stock would following a missed redemption be entitled to daily dividends at a 12.5-percent annual rate, the estate’s rate ignores the solid history of Sterling in honoring its contractual obligations. We also are unpersuaded by the record before us that a rate approximately seven times the referenced T-bill and inflation rates is appropriate in this case, let alone that we should apply 53 We recognize that Dec. 31, 1992, postdates the applicable valuation date. We believe that a hypothetical buyer on the applicable valuation date could have ascertained this rate.Page: Previous 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 Next
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