Hunt & Sons, Inc. - Page 23




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          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.                                               





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