Hunt & Sons, Inc. - Page 26




                                       - 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.                                                               









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