- 19 - 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...)Page: Previous 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Next
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