- 17 - his offer of $102,000.12 Given the information presented, it was not arbitrary or capricious that Ms. Cochran was not persuaded by petitioner’s statements of possible retirement when evaluating his income from future earnings. 3. Petitioner’s Property Petitioner argues Ms. Cochran improperly increased the value of his house and his Arizona property. On his Form 433-A, petitioner reported the estimated fair market value of his house was $460,000, with an 80-percent quick-sale value of $368,000 and an outstanding encumbrance of $369,000. Petitioner’s estimate was based on a professional appraisal dated May 8, 2003. Ms. Cochran testified she did not accept petitioner’s reported value because the appraisal was over a year old and no longer reflected current value. Instead, she determined a value of $550,000, using recent comparable sales.13 12 Ms. Cochran testified at trial that she originally erred by calculating income potential over 116 months and a 48-month factor was the correct figure to determine income potential because petitioner made a cash offer. 13 Ms. Cochran testified at trial that she was not required to use a quick-sale value (80 percent of fair market value) for the real property because, as she determined, it could reasonably sell within 90 days. The 90-day period was used because, pursuant to the Form 656, the cash offer had to be paid within 90 days from written notice of acceptance of the offer. Ms. Cochran credited petitioner with a half interest in each property because his wife owned a half interest in each property.Page: Previous 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Next
Last modified: May 25, 2011