Southern Boiler Sales & Service, Inc. - Page 16

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          F.2d 934, 938 (8th Cir. 1963), affg. T.C. Memo. 1961-347.  The              
          determination of fair market value is a question of fact.                   
          McGuire v. Commissioner, 44 T.C. 801, 812 (1965).  "Such a                  
          [factual] determination is one that is entitled to be made on all           
          the elements of the particular case."  Silverman v. Commissioner,           
          538 F.2d 927, 933 (2d Cir. 1976) (quoting Heil Beauty Supplies v.           
          Commissioner, 199 F.2d 193, 195 (8th Cir. 1952)), affg. T.C.                
          Memo. 1974-285.  An expert's opinion may be of assistance to the            
          Court, but the Court may reach a determination of value based               
          upon its own analysis of all the evidence in the record.                    
          Silverman v. Commissioner, supra at 933.                                    
               Barker's report explains his methodology and the factual               
          basis for his conclusions in compliance with the requirements of            
          Rule 143(f) regarding expert witness reports.  We admitted                  
          Barker's report into evidence and do not choose to disregard it,            
          as petitioner seems to suggest.                                             
               Petitioner has accepted Barker as an expert in real estate             
          appraisal and has not contested the substance of his testimony.             
          Berry testified only to a description of the property and that it           
          served as petitioner's offices and storage space in spite of its            
          noncompliance with local zoning.  The evidence suggests no                  
          possibility of rezoning during the years at issue or in the                 
          foreseeable future.  Petitioner has offered no evidence of the              
          property's fair market rental value.  We find the fair market               
          rental value of the property to be $8,300 per year.                         




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