Hunt & Sons, Inc. - Page 20




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               6(...continued)                                                        
               A:   It would depend on the kind of property.  I think of              
                    some times when they would be very comparable.                    
          Yet in his December 8, 1999, letter criticizing respondent’s                
          engineer’s report, Mr. McIntosh stated:                                     
               The IRS appraiser appears to feel that the Modesto/                    
               Stockton areas are equal to the Sacramento area.  He is                
               either unaware or does not mention that the former                     
               areas have been economically depressed for some time,                  
               while the Sacramento area has been rebounding.  I                      
               regularly appraise stations and mini marts in all of                   
               these cities.  I do not consider them equivalent, nor                  
               would I ever attempt to use comparables from areas like                
               Modesto or Stockton for a property in Sacramento.”                     
               [Emphasis added.]                                                      
               At trial, Mr. McIntosh also sought to justify the                      
          conclusions reached by Mr. Vanderbundt in his report by stating             
          that he thought the Vanderbundt report was well prepared and                
          would meet the requirements for a professional appraisal if Mr.             
          Vanderbundt were licensed as an appraiser.  As discussed in more            
          detail below, Mr. Vanderbundt used as a “comparable” a single               
          lease transaction between related parties, not an arm’s-length              
          transaction.  Mr. McIntosh testified that it is appropriate for             
          an appraiser to use a related-party lease as a comparable if he             
          could “verify the information, and see that it’s factual, and               
          that it is pretty much parallel with the rest of the market data            
          that you’ve got.”                                                           
               While it may be acceptable to mention a related-party                  
          transaction as additional support for an appraisal, it is clearly           
          improper for an appraiser to rely solely on a related-party lease           
          in determining the fair market value of another property.  The              
          purpose of an appraisal is to determine fair market value of the            
          subject property.  Fair market value is the price a willing buyer           
          would pay to a willing seller in an arm’s-length transaction,               
          with neither party being under compulsion to buy or sell, and               
          both having reasonable knowledge of the facts.  United States v.            
          Cartwright, 411 U.S. 546, 551 (1973); Morris v. Commissioner, 70            
          T.C. 959, 988 (1978).  A related-party transaction is, by                   
          definition, not an arm’s-length transaction and thus does not               
          provide reliable evidence of the fair market value of the                   
          “comparable” property.  Mr. McIntosh’s inconsistent positions               
                                                             (continued...)           





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