Estate of Eileen Kerr Stevens - Page 16




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          Commissioner, 94 T.C. 193, 218 (1990); Estate of Gilford v.                 
          Commissioner, 88 T.C. 38, 52 (1987).  The owners decided to                 
          refinance the property in 1994, even though a penalty was due and           
          a strict prepayment restriction was added to the modified                   
          mortgage.  This would indicate that there was no intention on the           
          owners’ part to sell at any time soon after the modification was            
          completed.  For this reason, we do not consider the 1997 sale               
          price.                                                                      
               Both parties used acceptable methodologies for valuing the             
          subject property.  Although the methodologies were appropriate,             
          we do not agree in all respects with the manner in which they               
          were applied.  With respect to the Kmart property valuations, we            
          tend to favor petitioner’s applications.  The use of the bond               
          return by respondent’s expert is less reflective of the below-              
          market return to be expected from the lease.  Comparable real               
          estate investment returns are more appropriate here.  In                    
          addition, we disagree with Thomson’s manipulation of the rates to           
          cause a higher discount rate for the rental loss.  Thomson’s                
          approach resulted in a higher value favoring respondent but was             
          without explanation for differing discounts for simultaneous                
          monetary events.                                                            
               Moreover, Thomson did not explain his reasons for concluding           
          that the life of warehouse would exceed 60 years and therefore              
          have a residual value at the end of the Kmart lease.  We accept             






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