- 20 - 57 T.C. 650, 659 n.8 (1972), affd. 510 F.2d 479 (2d Cir. 1975) (Provided they are not too far removed from the * * * [valuation] date, sales before and after such date may be used to corroborate the ultimate determination of * * * [FMV].) While comparables entered into subsequent to the valuation date can be used, adjustments need to be taken into account to reflect market changes between the comparable's date of sale and the valuation date. In this case, Lambert did not make any time adjustments. Under the replacement-cost approach, Vacant Land Sale No. 5 was used, but Lambert did not make any market condition adjustment to reflect the 18 months that transpired after the valuation date. Under the market-data approach, Improved Sales No. 2, 3, and 4 were used, but again Lambert did not make any adjustment for market condition and time. Lambert merely concluded that no clear evidence existed to make an adjustment. With the capitalization-of-earnings approach, Lease Comparables No. 4, 5, 6, and 8 were used. In making his determination, Lambert used the current rental rates, which covered the following periods: September 1991 to September 1996 for Lease Comparable No. 4; May 1, 1993 to April 30, 1998 for Lease Comparable No. 5; January 1, 1993 to December 31, 1997 for Lease Comparable No. 6; and September 1, 1991 (annual lease) for Lease Comparable No. 8. At 2(...continued) mentioned. For example, Vacant Land Sale No. 5 is a reliable comparable because it is located in the Johnston corridor and it is similar in size and shape to the Property.Page: Previous 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 Next
Last modified: May 25, 2011