Hunt & Sons, Inc. - Page 21




                                       - 21 -                                         
          “the recent lease negotiated with the Nella Oil Company in West             
          Sacramento * * * gives a Cap Rate of 13%, a 13% range is deemed             
          reasonable and meaningful for comparable purposes.”  Mr. McIntosh           
          also testified at trial that the Nella Oil lease would result in            
          a capitalization rate of “someplace in the neighborhood of 12 to            
          13 percent.”                                                                
               Mr. McIntosh faced a difficult problem in attempting to                
          justify petitioner’s rental rates because he had previously                 
          valued the properties for estate-planning purposes at low                   
          values.7  Mr. McIntosh’s fair market value determinations in his            
          estate-planning appraisal were even lower than respondent’s fair            
          market value determinations, as shown in the following chart:               








               6(...continued)                                                        
          regarding the comparability of property in Modesto or Stockton              
          with Sacramento, depending on whether the analysis supports or              
          contradicts his client’s position, and his suggestion that it               
          would be proper for an appraiser to rely solely on a single                 
          related-party comparable in determining the fair market value of            
          the subject property, call into question the independence of his            
          analysis.                                                                   
               7Presumably, petitioner and its shareholders wanted                    
          conservative values for estate-planning purposes, so as to                  
          minimize gift and estate taxes.  Mr. McIntosh was already bound             
          by the conservative fair market value determinations he used in             
          his estate-planning appraisal.  It is, of course, easier to                 
          justify higher rental rates with higher property values.                    





Page:  Previous  11  12  13  14  15  16  17  18  19  20  21  22  23  24  25  26  27  28  29  30  Next

Last modified: May 25, 2011