- 24 - We understand the foregoing question by petitioners’ counsel to be asking whether the total rent that JJ & P Farms, Inc., paid to petitioners during 1995 with respect to petitioners’ 800-head capacity hog barn (i.e., $44,500) was above, below, or at fair market value. However, the rent that that company was required to, and did, pay to petitioners during 1995 with respect to that barn was not $44,500, but was $21 per head, per rotation of hogs that petitioners processed through that barn. There is nothing in the record establishing that $21 per head, per rotation of hogs that petitioners processed through petitioners’ 800-head capacity hog barn represented fair market rent for such barn.22 22Assuming arguendo that it were proper for the colloquy between petitioners’ counsel and Mr. Solvie to have focused on the total rent that JJ & P Farms, Inc., paid to petitioners during 1995 with respect to petitioners’ 800-head capacity hog barn (i.e., $44,500), instead of on the rent of $21 per head, per rotation of hogs that petitioners processed through that barn, we are not persuaded by Mr. Solvie’s testimony, which we found to be vague and ambiguous, that such total rent paid represented fair market rent. Mr. Solvie’s use of the word “about” as a qualifier to the phrase “fair market value” raises a serious question in our mind as to whether Mr. Solvie was testifying that the total rent that JJ & P Farms, Inc., paid to petitioners during 1995 was below, at, or above fair market rent. Mr. Solvie’s repeating the phrase “fair market value” does not clarify but instead compounds the vagueness and ambiguity of his testimony that such total rent paid was “about fair market value.” Moreover, we found Mr. Solvie’s testimony to be general, vague, ambiguous, self-serving, uncorroborated, and/or internally inconsistent in certain other material respects. For example, the following exchange took place during the cross-examination by respondent’s counsel of Mr. Solvie: Q But the rent that you received for the new facility was wholly dependent upon the number of pigs (continued...)Page: Previous 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Next
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