Estate of Fred O. Godley, Deceased, Fred D. Godley, Administrator CTA - Page 30




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          which provided for reserves for a broad range of project                      
          expenditures, including routine and extraordinary maintenance,                
          insurance, taxes, debt service, etc.  Dvorak acknowledged that he             
          did not consider the trust funds in his valuation analysis.  On               
          balance, we believe the Federal Government’s liability for the                
          rents and the existence of the trust funds provide support for a              
          lower, not a higher, capitalization rate.  On this record,                    
          therefore, we conclude that the most appropriate capitalization               
          rate is the lower one used by Dvorak for the subject properties               
          in the absence of HUD subsidies.11                                            
          Final Values Based on Adjustments to Dvorak’s Report                          
               Incorporating the adjustments above, we find that the value              
          of the real estate held by Charlotte was $1,720,000, and the                  
          value of the real estate held by Monroe was $1,690,000.  The                  
          following tables show the derivation of these values:                         
          Charlotte                                                                     
               Dvorak’s Report                                                          
                    Year 1           Year 2    Year 3    Year 4    Year 5               
          Net operating                                                                 
          income      $190,344   $193,199  $196,097  $199,039  $202,024                 
          Cash-flow      190,344    193,199   196,097 11,815,235                        
          Present value2 165,517    146,086  128,937  1,037,867                         


               11  Even the lower of Dvorak’s two capitalization rates is               
          arguably too high, since it takes no account of the HUD subsidies             
          (which tended to reduce the risk perceived by an investor, in our             
          view).  Nevertheless, in the absence of an evidentiary basis on               
          which to compute the extent to which the capitalization rate                  
          should be adjusted downward, we adopt the lower of the two                    
          computed by Dvorak.                                                           




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