Southern Boiler Sales & Service, Inc. - Page 12

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          shopping, and services, and thus would command higher rents than            
          those in Pleasant Garden.  Adjusting for location, size, and                
          condition, Barker calculated the comparables' annual rents to be            
          $7,521, $7,950, $8,280, and $8,280.                                         
               To corroborate this method, Barker also used the cost                  
          approach of valuation.  Using the mid-range of the sales prices             
          of four lots facing Neelley Road ($22,500) and valuing the                  
          improvements to the property according to the Marshall & Swift              
          Residential Cost Handbook ($57,798), Barker determined a total              
          property value of $80,298.  To this value, Barker applied a                 
          discount rate of 10 percent, which he derived from listings of              
          lease-to-own residential properties, to reach a rent of $8,030.             
          This value was within the range of rents calculated under the               
          market comparison approach.  Using the comparable rents as the              
          most reliable indicator of fair market rental, Barker appraised             
          the annual rental value of the property at $8,300.5                         



          5  After trial, respondent filed a motion for leave of court                
          to file amendment, which the Court granted.  Respondent's amended           
          answer to the petition asserted $8,300 as the yearly fair market            
          rental value of the property and increased petitioner's                     
          deficiencies in income tax to $13,621 and $23,014, for FYE 7-31-            
          89 and FYE 7-31-90, respectively, the addition for taxable year             
          1989 to $681, and the penalty for taxable year 1990 to $4,603.              
          Given that the original notice of deficiency allowed rents of               
          $8,400 and $8,979 for the taxable years 1989 and 1990,                      
          respectively, the disproportionate increases in the deficiencies            
          ($1,258 and 1,443) indicate that respondent may not have used               
          $8,300 in recalculating petitioner's taxable income, or may have            
          relied on her contention that respondent had allowed rents of               
          $12,000 each year.  See supra note 3.  The proper deficiency                
          amounts can be calculated in the Rule 155 proceedings.                      



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