- 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