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