Estate of Cyril I. Magnin, Deceased, Donald Isaac Magnin, Executor - Page 32

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          appraiser, J. Michael Jones.  Mr. Jones valued the property as of           
          June 8, 1988.  Although petitioner elected to use the alternate             
          valuation date of December 8, 1988, Mr. Jones testified that he             
          did not think his appraisal would have changed had it been made             
          as of 6 months later.  Mr. Jones used the cost approach, the                
          sales comparison approach, and the income capitalization approach           
          to value the property, giving the most weight to the latter                 
          method.  Pursuant to the income capitalization approach, Mr.                
          Jones began with the income stream provided for in the lease and            
          subtracted out a relatively small allowance for vacancy and                 
          collection loss (due to the long-term lease), as well as an                 
          amount for management expenses.  Mr. Jones determined a                     
          capitalization rate of 12.2 percent using the mortgage-equity               
          technique, and he applied this rate to the operating income                 
          stream.                                                                     
               We find petitioner's expert to be a credible witness.  He              
          utilized acceptable appraisal methods, and his underlying                   
          assumptions were reasonable.  We, therefore, find that petitioner           
          has met its burden of proving that the value of the property was            
          $170,000.                                                                   

                                             Decision will be entered                 
                                        under Rule 155.                               








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