Hunt & Sons, Inc. - Page 19




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          visible property in a prime location and is used as a retail gas            
          station, convenience store, and cardlock operation.  Mr. McIntosh           
          discloses no analysis to adjust for the superiority of the Nella            
          Oil lease.  He simply attempts to justify petitioner’s lease                
          rates by pointing out that the rent per square foot paid by Nella           
          Oil is higher than the rent per square foot paid by petitioner.             
               Mr. McIntosh criticized Mr. Harris’s report, arguing that it           
          is not appropriate to apply a capitalization rate to the fair               
          market value of the property to derive the fair market rental               
          value of the property.  Yet in a letter to petitioner dated                 
          December 8, 1999, criticizing an Internal Revenue Service                   
          engineer’s report in a prior dispute,6 Mr. McIntosh stated that             

               6Petitioner provided a copy of Mr. McIntosh’s letter to the            
          Internal Revenue Service.  Respondent used this letter at trial             
          for impeachment purposes.  Mr. McIntosh testified at trial that             
          he reviewed Mr. Vanderbundt’s report and found it to be a sound             
          basis for determining the fair rental value of the subject                  
          properties.  Mr. Vanderbundt relied entirely on a single                    
          “comparable” lease for property in Lodi, California, which is 23            
          miles south of Sacramento, California, near Stockton, California.           
          Mr. McIntosh was asked at trial whether the Modesto and Stockton            
          areas are comparable to Sacramento:                                         
               A:   Some of the areas around Modesto and Stockton, and                
                    I’m familiar with those areas, because I do                       
                    appraising in that area, would be familiar                        
                    [similar] with many of the areas around the                       
                    Sacramento metropolitan area.                                     
                    *     *     *     *     *     *     *                             
               Q:   Mr. McIntosh, would you ever attempt to use a                     
                    comparable from areas like Modesto or Stockton for a              
                    property in Sacramento?                                           
                                                             (continued...)           





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