Bifalgorithm post · Une société construit une maison de luxe pour son actionnaire · Case tabs
Rental Evidence
Rental Evidence (Une société construit une maison de luxe pour son actionnaire · Case tabs) — "At trial, the appellant and his wife testified about the circums…
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- The trial dispute concerned the proper valuation of the benefit provided by the company-built house.
- The appellant and his wife testified about the circumstances in which the house was built.
- The house was intended to provide a better family home and to reduce opposition to the proposed subdivision development.
- The appellant introduced expert evidence about the house’s free market rental value.
- The experts estimated the monthly rental value at approximately $800 plus utilities and $950.
- Both experts found no comparable house in the area, and one said rental values there bore no relation to real value.
- The appellant argued that the benefit should be measured by the difference between the market rent and the rent he paid.
- The trial judge rejected the appellant’s proposed rental-value assessment.
- The judge found that the company had not built the house for a business purpose.
- The judge held that fair market rental value was inappropriate because it bore no relation to the actual costs of the benefit.