- 30 - of Spruill v. Commissioner, 88 T.C. 1197, 1229, 1233 (1987); Utter-McKinley Mortuaries v. Commissioner, supra; Mark R. Switz, Inc. v. Commissioner, supra. There is no indication in the record that the lease from the American Red Cross to Mr. Cummings was not negotiated at arm's-length. Thus, the lease payment ($97,975) is highly probative evidence of rental value of these premises during the years in issue. 4. Respondent's Expert Respondent's expert, Steve Pietka (Pietka), concluded that the fair rental values of the 4200 S.W. Corbett St. property were $120,087, $124,896, and $129,891 for fiscal years, 1989, 1990, and 1991, respectively. Petitioner criticizes Pietka's comparables because they are not located near 4200 S.W. Corbett Street. We disagree because there are no similar leased properties in that area. Petitioner points out that its experts said that the fair rental values of Pietka’s comparables in North Portland and Beaverton are generally lower than those in the 4200 S.W. Corbett Street area. We disagree for reasons stated in par. 5, below. We believe Pietka's comparables are more like the 4200 S.W. Corbett St. property than comparables considered by petitioner's experts. Petitioner contends that Pietka did not consider the fact that petitioner could gradually move from the old property to 4200 S.W. Corbett Street. Petitioner did not state how muchPage: Previous 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 Next
Last modified: May 25, 2011