Hunt & Sons, Inc. - Page 33




                                       - 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

Last modified: May 25, 2011