- 25 - related-party lease does not provide reliable information concerning fair market values. However, we do agree with Mr. McIntosh’s and Mr. Vanderbundt’s testimony that the “capitalization” rate used in determining the fair market rental value of property should reflect the additional risks incurred by a landlord in leasing land to an independent cardlock operator such as petitioner, rather than a major oil company. We find that a 13-percent “capitalization” rate is an accurate assessment of the rate of return that an arm’s-length lessor would have required from petitioner during 1996 and 1997. A “capitalization” rate of 13 percent is in the range of rates suggested by Mr. McIntosh in his December 8, 1999, letter, and is in the upper range of rates that Mr. McIntosh claims would be derived from the Nella Oil lease, which was entered into in the same general timeframe as petitioner’s leases and was to a similar independent operator. Mr. Harris credibly testified that a flat 10-percent rate would be appropriate for leases to major oil company tenants. However, the 10-percent rate fails to take into account the environmental credit risks borne by a landlord when leasing property to an independent cardlock operator. A 3-percent risk premium seems appropriate to us, in light of the substantial additional risks a landlord incurs when leasing property to an independent operator of underground storage tanks. Therefore, wePage: Previous 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 Next
Last modified: May 25, 2011