- 23 - the risks of the transaction, including the risks involved in the particular real estate activities in which the tenant proposes to engage. See Narver v. Commissioner, 75 T.C. 53, 91 n.17 (1980), affd. 670 F.2d 855 (9th Cir. 1982); Lanier v. Commissioner, T.C. Memo. 1998-7 (“The “capitalization” rate * * * Although basically related to the rate of interest * * * includes risk and liquidity factors”). A properly computed fair market value and “capitalization” rate reflect competitive market conditions. Mr. McIntosh’s suggestion that a “capitalization” rate is properly used to determine fair market value from known rental rates but not the other way around is inconsistent with basic mathematical and appraisal principles.8 Mr. McIntosh’s testimony is also inconsistent with the methodology he used in his December 8, 1999, letter criticizing respondent’s methodology. We have previously recognized the appropriateness of using “capitalization” rates to determine the fair market rental value of real estate. For example, in Clairton Slag, Inc. v. Commissioner, T.C. Memo. 1979-485, we stated: inasmuch as no comparable leases were available from which to extrapolate the fair rental value of the Property, the next best method for determining the fair rental value of the Property is the “comparable sales” method (CSM). The CSM requires the identification of two relevant figures: (1) the rate of return on 8If the present value of the property equals the rental value divided by the “capitalization” rate, then, as a matter of algebra, the rental value must equal the present value multiplied by the “capitalization” rate.Page: Previous 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Next
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