- 33 - In the case at hand, the witnesses to the conversations were equally available to petitioner and respondent. Petitioner was not required to call witnesses to corroborate the testimony it offered. If respondent did not believe the testimony, he should have called witnesses or taken other discovery to impeach Mr. Hunt’s testimony. Respondent offered no evidence to call into question the truth of Mr. Hunt’s testimony. In addition, the magnitude of the discrepancy is not nearly as significant as it was in Duplicating Supply Co. v. Commissioner, supra. We have found that petitioner overstated rent on only two of the six properties and charged as total annual rent less than 20 percent of what we have found (and what respondent’s expert claimed) to be the fair market value of these properties.13 Petitioner’s rental payments exceeded the fair market rental value of the Watt Avenue property by approximately 33 percent and the Fee Drive property by approximately 53 percent. While petitioner did overstate rental deductions on these two properties, we do not find that the overstatements were of sufficient magnitude to mandate a determination that petitioner was negligent in setting the rents. We therefore 13In 1996, petitioner charged rent of $120,000 for Watt Avenue on a value of $690,000, resulting in a rental rate of 17 percent of value. In 1997, petitioner charged $120,000 in rent for Watt Avenue and annualized rent of $48,000 on Fee Avenue, for total rent of $168,000 on a value of $930,000 or approximately 18 percent of 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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