- 31 - $228,000.16 At trial and on brief, petitioner argued that the value of the property was $170,000. The fair market value of property is a question of fact. The value determination in the notice of deficiency is presumed correct, and petitioner bears the burden of proving otherwise. Rule 142(a); Welch v. Helvering, supra. The subject property, a retail shoe store, is located in an older, inner-city neighborhood, west of the downtown area of Louisville. The area is depressed, and property values have steadily declined in the area since the 1960's. The site is zoned for commercial use. The property was purchased by Cyril for $207,721, and the deed was recorded in July 1983. The property was subject to a lease, which commenced on April 26, 1983, and was for an initial term of 20 years. At the end of the initial lease period, the tenant had the right to extend the term for two additional consecutive periods of 5 years each. The terms of the lease provided for minimum annual payments of $22,514, plus 5 percent of the gross sales less the minimum rent. The tenant was responsible for all expenses directly related to the property, including taxes, insurance, and interior and exterior maintenance. Petitioner introduced a report and testimony of its expert 16Respondent's valuation in the notice of deficiency of $228,000 was based upon the income stream provided for in the lease capitalized at a rate of 10 percent.Page: Previous 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Next
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