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Assuming arguendo that it were proper for the question posed
to Mr. Solvie by petitioners’ counsel 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) and that Mr. Solvie had clearly and unambiguously
testified that such rent paid represented fair market rent, on
the instant record we would not rely on such testimony. The
record establishes that, after petitioners incorporated JJ & P
Farms, Inc., in 1991 and before petitioners built petitioners’
22(...continued)
that went through the barn.
A No. Not–-yes. I suppose it would.
Q And so if the new facility sat empty, you
would receive no rent.
A No. We were going to get rent whether we
were using it or not.
Q Well, you leased it to the corporation for
$21 per head per rotation. If the corporation put no
hogs through that barn, you would receive no rent from
the corporation.
A No. We were–-[the] number of pigs or any-
thing were not tied to the corporation. We were going
to get money for that, regardless of if the pigs went
through or not.
Q The parties have stipulated that the lease
agreement was $21 per head, per rotation. If there was
no pigs that went through and no rotations, how would
you get any rent?
A I don’t know.
We shall not rely on Mr. Solvie’s testimony to establish peti-
tioners’ position in this case.
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