- 32 - The final factor considers the arm's-length nature of the negotiations between the Mecom group and the State with respect to the Second Lease Amendment. Again, respondent attempts to obscure matters by arguing that this factor favors his argument because the negotiations giving rise to the Second Lease Amendment stem from a breach of contract dispute rather than a genuine concern on behalf of the State. We are unpersuaded by respondent's argument and find that the negotiations giving rise to the Second Lease Amendment were conducted at arm's-length. Conclusion Having analyzed the record in the instant case, and after examining the facts in extensive detail, we are of the opinion that the fair rental value of the Superdome exceeded the value of rent established by the 1975 Lease, as amended by the Second Lease Amendment. See KFOX, Inc. v. United States, 510 F.2d at 1373-1374; A.H. Woods Theater Co. v. Commissioner, 12 B.T.A. 827 (1928). We note that while petitioner has failed to establish the precise amount by which the fair rental value of the Superdome exceeded the value of the rent required by the amended lease, we are convinced that petitioner has sufficiently established that the former does in fact exceed the latter. This is significant because the parties have stipulated that if any portion of the purchase price is allocable to the SuperdomePage: Previous 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 Next
Last modified: May 25, 2011