Maschmeyer's Nursery Inc. - Page 23

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          they prepared explaining how the rental was derived display a               
          conscientious, if not wholly convincing, effort to arrive at an             
          accurate appraisal.  As the wide discrepancy between the                    
          appraisals presented to the Court by the parties’ experts, Lady             
          and Cobb, illustrates, the making of an appraisal is not an exact           
          science.  We are satisfied that Maschmeyer’s conduct on                     
          petitioner’s behalf was consistent with ordinary business care              
          and prudence.                                                               
               Indeed the $140,000 rental deduction claimed by petitioner             
          on its tax returns falls squarely within the range that Cobb, in            
          his expert opinion, considered reasonable ($871,000 x 16% =                 
          $139,360; $871,000 x 18% = $156,780).  Thus, petitioner’s                   
          valuation was in fact consistent with that of a professional real           
          estate appraiser.                                                           
               The accuracy-related penalty does not apply.  To reflect the           
          foregoing,                                                                  
                                                  Decision will be entered            
                                             under Rule 155.                          
















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