Estate of Ethel Josephine Spowart Hinz - Page 24




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               Petitioner’s primary expert witness is Noel K. Atkinson,               
          hereinafter sometimes referred to as Atkinson.  He has been a               
          real estate appraiser since the early 1950's.  When the instant             
          case was tried, about half of Atkinson’s work was testifying in             
          Court.                                                                      
               Atkinson appropriately used the comparable sales approach as           
          a major element in valuing the land portion of each of the                  
          Subject Properties.13  Under the comparable sales approach, if a            
          comparable property has an element of a lesser quality than the             
          property being appraised, then the comparable property’s sale               
          price is adjusted upward, and vice versa.  Atkinson appropriately           
          compared several different elements of the properties and                   
          generally used four to six comparables.  He displayed the                   
          adjustments in a matrix, and also briefly explained why he                  
          adjusted the comparable property’s sale price up or down.                   


          13   The comparable sales approach involves locating parcels of             
          land which were as physically similar as possible to the subject            
          property, and which had been sold within a reasonable time of               
          decedent’s death.  Since no two sales and no two parcels are                
          identical, the actual sales price in each case is then to be                
          adjusted up or down to reflect the differences between the                  
          subject property and the comparable property.  The estimated                
          values of the comparable properties as so adjusted provide an               
          indication of the value of the subject property on the relevant             
          date.  Like most valuation techniques, this method is far from an           
          exact science.  However, it is based upon the common sense                  
          approach of taking the actual sales prices of properties similar            
          to the subject properties and then relating the prices to the               
          subject properties.  This Court has often used or approved the              
          use of this valuation method.  See Wolfsen Land & Cattle Co. v.             
          Commissioner, 72 T.C. 1, 18-21 (1979).                                      






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