Eugene D. Lanier, Inc. - Page 32

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          a comparable lease, as it in part reflected the sale of the                 
          automobile dealership to Harvey.  Nor do we consider the $10,000-           
          per-month lease between the Laniers and the Corporation to be a             
          comparable lease, as it did not represent an arm's-length                   
          transaction.  See Ingle Coal Corp. v. Commissioner, 174 F.2d 569,           
          571 (7th Cir. 1949), affg. 10 T.C. 1199 (1948).  Our estimated              
          lease rate for the Property incorporates a positive adjustment              
          for location, corner influence, and physical condition, and a               
          slightly greater downward adjustment for size and market                    
          condition.  This yields a gross annual income of $63,388.  No               
          expenses are subtracted from that amount, as we agree with                  
          Parker's and Aguilar's assumption of a net lease for the                    
          Property.  Moreover, we think that a capitalization rate of 12              
          percent is reasonable.  It falls squarely within the range of               
          11.83 to 12.45 percent determined by the experts.  This produces            
          a final estimated FMV for the Property of $528,233.                         
               While the record contains no reference to the exact dollar             
          figure of FMV determined by the Court, it is well settled that              
               Valuation * * * is necessarily an approximation * * *.                 
               It is not necessary that the value arrived at by the                   
               trial court be a figure as to which there is specific                  
               testimony, if it is within the range of figures that                   
               may properly be deduced from the evidence.                             
          Anderson v. Commissioner, 250 F.2d 242, 249 (5th Cir. 1957),                
          affg. in part and remanding for computational matters T.C. Memo.            
          1956-178; see McGuire v. Commissioner, 44 T.C. 801, 810-811                 
          (1965).  That is the situation here.                                        




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