- 12 - 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.Page: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Next
Last modified: May 25, 2011