Estate of Fred O. Godley, Deceased, Fred D. Godley, Administrator CTA - Page 39




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          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...)           




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