- 18 - We cannot say the same of the reports submitted by petitioner’s experts. Petitioner submitted reports from two experts: Patrick D. McIntosh, a licensed appraiser for McIntosh & Associates, and Skip Vanderbundt, a real estate agent and senior vice president of Cornish & Carey Commercial. Mr. McIntosh supported his testimony with two reports: A “narrative summary restricted report” (restricted report) in which Mr. McIntosh had appraised, for estate-planning purposes, the land both raw and improved, and a “summary consulting report” (consulting report) in which Mr. McIntosh determined the fair market rental value of the properties leased by petitioner. Both reports reach conclusions of value without providing any support or analysis for the conclusions. The restricted report describes the real property and states a conclusion of value. Nothing is expressed in the report to support Mr. McIntosh’s conclusion of value. In the consulting report, Mr. McIntosh concludes that petitioner’s leases are all within the range of fair market rental values on the basis of one identified lease, known as the Nella Oil lease, and Mr. McIntosh’s knowledge of other lease transactions, the specific terms of which, Mr. McIntosh says in the report, he cannot disclose. In cross-examination and through the testimony of Mr. Harris, respondent established that the Nella Oil property is superior in every way to petitioner’s properties. It is a highlyPage: Previous 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Next
Last modified: May 25, 2011