- 32 - 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.Page: Previous 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 Next
Last modified: May 25, 2011