- 39 - funds. Thus, we believe an investor would require a lower rate of return from the partnerships with the trust funds. For this reason, we believe the trust funds are best accounted for by means of a reduction in the otherwise applicable capitalization rate. We have done so earlier in this analysis, where we rejected Dvorak’s position that an increase in the capitalization rate was warranted by the risk of loss of the HUD subsidies. We concluded there that any such risk was offset by a reduction in risk produced by the trust funds. On this record, we believe such an adjustment to the capitalization rate is the best means to account for the effect that the trust funds would have on the price that a hypothetical buyer would pay for decedent’s interest in the housing partnerships.14 14 We have considered whether a similar adjustment to take into account the trust funds is warranted in the case of Keith’s appraisals of the Clinton and Rocky Mount properties and conclude that it is not. First, in the case of Clinton, that partnership held only a maintenance reserve of $8,920, which we believe would not have been a material consideration in a hypothetical sale. The Rocky Mount partnership, however, did not hold trust funds of a magnitude similar to those of Charlotte and Monroe. Nonetheless, we note that Keith ultimately relied on his market- based value rather than his income-based value in reaching his conclusion regarding Rocky Mount. Keith’s market-based value for Rocky Mount was $1,400,000, while his income-based value was $1,325,000. In calculating his income-based value Keith used a discount rate of 15 percent. If we adjust this rate to 13 percent, as we did in the case of Dvorak’s Charlotte report, the value under Keith’s income approach would be $1,400,901, rounded to $1,400,000, equal to the value under Keith’s market-based approach and to Keith’s final value. We note again that respondent has accepted this value and find that any adjustment to Keith’s discount rate to reflect the existence of the trust funds would not alter the final value of Keith’s Rocky Mount (continued...)Page: Previous 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 Next
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