- 20 - 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...)Page: Previous 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 Next
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