- 26 - will apply a 13-percent “capitalization” rate in determining the fair rental value of the properties. Using the market values determined by Mr. Harris (values that petitioner’s expert, Mr. McIntosh, conceded were, if anything, on the high side), and using a “capitalization” rate of 13 percent, we conclude that the fair market rental values of the properties were as follows: Fair Market Capitalization Fair Market Property Value Rate Rental Value Watt Avenue $690,000 13% $89,700 Mother Lode Drive 230,000 13 29,900 Fee Drive 240,000 13 31,200 Petitioner is not entitled to deduct the amounts paid as rent in excess of the fair market rental value of the property. The excess amounts paid as rent were in the following amounts: Property Rent Paid Fair Market Rent Excess 1996 1997 1996 1997 Watt Avenue $120,000 $120,000 $89,700 $89,700 $60,600 Mother Lode Drive 27,600 28,800 29,900 29,900 --- Fee Drive --- 116,000 --- 210,400 5,600 Total 147,600 164,800 119,600 119,602 66,200 1The Fee Drive property was leased for only 4 months in 1997, at a rent of $4,000 per month. 2Inasmuch as the Fee Drive property was leased for only 4 months, we have used four-twelfths of the annual fair market rental value.Page: Previous 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 Next
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