Estate of Ethel Josephine Spowart Hinz - Page 47




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          matter.  Although we are persuaded that the prices of all five of           
          Atkinson’s comparable properties and of four of Hulberg’s five              
          comparable properties should be adjusted upward because of the              
          floor area ratio, neither side’s expert helps us to decide the              
          magnitude of this adjustment.                                               
               The income method valuations of the Richard Property                   
          constitute another setting in which the state of the record makes           
          our task difficult.  Hulberg states that the Richard Property was           
          leased to a tenant as of the valuation date.  Hulberg states that           
          he asked for, but did not receive, a copy of the lease.                     
          Accordingly, Hulberg says, he valued the Richard Property without           
          regard to the lease, but warned that                                        
               The value of the leased fee interest in the property                   
               could be the same, greater than, or less than the value                
               of the fee simple interest, depending on the terms of                  
               the lease in effect as of the date of our valuation.                   
          Atkinson says that “Although [the] lease had expired the rental             
          had been extended on a month to month basis for the same rent.”             
          On brief, petitioner asks us to find as follows:                            
                    d.  Valuation of Richard Avenue Property.  This                   
               property was subject to a legally enforceable lease                    
               with S.B. Machine Works (Transcript, p. 42) and the                    
               rent it yielded was $1,500 and any valuation by                        
               capitalization of income should reflect this income                    
               figure.  (Petitioner’s Exihibit [sic] 18).                             
               The reference to transcript, p. 42, is to Hinz’s testimony,            
          as follows:                                                                 
                    Q [Doyle]  And how--and was–-at the time of your                  
               mother’s death, was it rented to someone?                              






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