Wy'East Color, Inc. An Oregon Corporation - Page 30

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          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 much                





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