Hunt & Sons, Inc. - Page 24




                                       - 24 -                                         
               investment an unrelated lessor of comparable property                  
               would require; and (2) the fair market value of the                    
               subject property at the beginning of each lease year.                  
               * * *                                                                  
          Similarly, in Osterlund, Inc. v. Commissioner, T.C. Memo.                   
          1987-40, we stated:                                                         
               All three of these experts used essentially the same                   
               method to derive their estimates of the Property's fair                
               rental value. They first estimated the Property's fair                 
               market value using comparable sales of property. They                  
               then multiplied their estimates of the Property's fair                 
               market value by a rate of return they believed a lessor                
               of property similar to the Property would have required                
               during the years in question upon leasing such property                
               in an arm's-length transaction. We agree with the                      
               parties that this is a reasonable method for                           
               determining the fair rental value of the Property.                     
               We are not bound by the opinion of any expert witness and              
          may accept or reject expert testimony in the exercise of sound              
          judgment.  Helvering v. Natl. Grocery Co., 304 U.S. 282, 295                
          (1938); Estate of Hall v. Commissioner, 92 T.C. 312, 338 (1989).            
               We give very little weight to Mr. McIntosh’s testimony                 
          because his reports contain no analysis and little reliable data            
          to aid us in determining the fair market rental value of the                
          subject properties, and because his testimony on a number of                
          matters was simply not credible.                                            
               We also give little weight to Mr. Vanderbundt’s report.  Mr.           
          Vanderbundt’s report was based on a single “comparable” to                  
          support his rental rate conclusions.  His “comparable” was a                
          lease between related parties for a property in Lodi, California,           
          which had been supplied to him by petitioner.  This single                  





Page:  Previous  14  15  16  17  18  19  20  21  22  23  24  25  26  27  28  29  30  31  32  33  Next

Last modified: May 25, 2011