Jane Crocker, F.K.A. Jane C. Jacobs, et al. - Page 98

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               Crocker contends that the best method to value both the                
          theater component and the retail/office component of the property           
          is the replacement cost method because there are no true                    
          comparable sales:                                                           
               There are no comparable sales of a historic movie                      
               palace such as the Fox Theater with its appendage, the                 
               Retail/Office Space.  There are comparable sales of the                
               parts, but not the whole, and in our case, for                         
               appraisal value purposes, the whole is bigger than the                 
               sum of its parts.                                                      
          Because each appraiser determined that the property should be               
          preserved, and "the whole is inseparable", Crocker argues the               
          property must be valued by use of the replacement cost method.              
               Respondent's position is that comparable properties--the San           
          Jose Fox and the Stanford Theater--were sold during the relevant            
          time period, and, therefore, these transactions should be given             
          primary emphasis in the determination of fair market value.                 
          Respondent disputes the reliability of the replacement cost                 
          method in this instance for a number reasons, and further argues            
          that the comparable sales transactions demonstrate that the fair            
          market value of the Redwood City Fox is "not equal to * * * [its]           
          replacement cost, but rather, it is far less."                              
               This Court has held that replacement cost may be considered            
          in valuing property.  Cupler v. Commissioner, 64 T.C. 946, 955              
          (1975).  However, replacement cost is an appropriate measure of             
          value only where the taxpayer establishes a probative correlation           
          between such cost and the fair market value of the property.                





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