“You miss 100 percent of the shots you never take, and if you think it’s expensive to hire a professional to do the job, wait until you hire an amateur “ I AM YOUR LAND / INDUSTRIAL AND INVESTMENT SPECIALIST / LOOKING FOR OWNERS Call me if you want to sell your property and need an estimated value. Direct : 602-759-1209, Prefer cell: 520-975-5207 or email me walterunger@ccim.net. A CLICK HERE TO VIEW ALL MY $ 60 MIL OF LISTINGS .
By Walt Clements, CCIM, and Jeff Engelstad, CCIM |
Helping a client decide whether to purchase or lease a property can be a complex process. Apart from the financial analysis, the decision may be influenced by the client’s internal operational objectives, which generally fluctuate from year to year. The analysis also typically hinges on tenuous estimates of the property’s future sales price and rental rates.
In the long-term, owning commercial real estate usually is more cost-effective than leasing, assuming a modest amount of appreciation. However, no general answer applies to all cases. Each individual situation requires a financial analysis, including a thorough examination of market cycles to estimate future selling prices and lease rates.
A simple spreadsheet or any number of industry software packages can be used to create a lease vs. own analysis. Mathematically, it is just a present value problem; however, as most seasoned commercial real estate professionals know, assumptions such as operating space requirements, cost and availability of capital, future lease rates, and sales price projections easily can skew the analysis. For this reason, property market and capital market cycles should be included in any analysis.
Setting the Stage Preceding a financial analysis, commercial real estate professionals should help their clients understand the basic factors that contrast leasing and ownership.
The factors that make leasing an attractive alternative to real property ownership include:
- financial benefits such as maintaining capital and lines of credit, off-balance- sheet financial accounting, deductibility of lease payments for tax purposes, stability of costs, and enhanced control of cash flow;
- space benefits such as flexibility of size and location over time, the ability to expand more quickly into new markets, and the ability to expand and contract as dictated by the business cycle; and
- subjective factors such as removing ownership risks including obsolescence, loss on disposition, and cap rate volatility, and the freedom to concentrate on core business objectives rather than property management.
Alternatively, factors that favor ownership over leasing include:
- financial reasons such as eliminating exposure to market rent fluctuations, property appreciation, rental income from tenants, and the company’s ability to utilize financial leverage, as well as tax factors such as deductions for depreciation and favorable capital gains treatment upon disposition;
- space considerations such as the ability to tailor the property to the current needs of the operating business; and
- subjective issues such as promoting an image of strength and stability, the ability to control real estate operating expenses, and control over tenants and uses within the building.
Market Cycle Factors Every property market goes through distinct periods of expansion, contraction, recession, and recovery. The process of estimating a client’s position relative to the market cycle can have a tremendous impact on the lease vs. own decision.
Space markets are affected by a variety of forces. Economic, social, demographic, and technological factors influence the quantity, type, and availability of space in a given market through time. Capital flows and public-policy direction also influence the space markets. All of these forces interact simultaneously to reveal the pattern of real estate space.
Capital markets, on the other hand, tend to lag behind the true space market. Therefore, a developer generally should not assume that a space market is healthy simply because many sources of funds are competing for a proposed development. A positive response from the capital markets never should take the place of thorough property market analysis. The prudent analyst, developer, or consultant diligently must pursue an in-depth analysis of all relevant market factors before drawing any conclusions.
Cycle Position Six key factors determine current market cycle position: demand, supply, vacancy, rental rates, cap rates, and investor interest. The unique interplay among these elements helps identify in which cycle a client is operating.
During analysis, it is critical to know if these variables are increasing or decreasing from previous periods, as well as expectations for their future direction. Interaction of these variables determines market cycle position and each cycle period is unique with respect to these key variables.
For example, characteristics of the expansion phase include steadily increasing property supplies, strong demand, sharply declining vacancy rates, increasing rental rates, steadily decreasing cap rates, and strong investor participation.
In contrast, the contraction phase has supplies at or near peak levels, decreasing demand, rising vacancies, flattening or declining rental rates, increasing cap rates, and fewer willing investors.
In the recession phase, property supply decreases as new construction halts and frustrated investors pull properties from the market. Demand steadily decreases, driving up vacancy rates and driving down rents. Cap rates steadily increase. At the early stage of recession brokers and investors attempt to determine whether the signs truly point to recession or to a temporary market glitch.
Finally, the recovery phase is characterized by a relatively flat supply but increasing demand, declining vacancies, rising rental rates, declining cap rates, and increasing investor interest, especially from astute bargain hunters.
Historically, the capital markets have lagged behind the property markets due in large part to the inefficiencies in the dissemination of real estate data. However, with increased institutional ownership of real estate assets and a variety of publicly available data sources, the lag decreases significantly and the accuracy of cycle predictions increases.
Lease vs. Own Analysis The following hypothetical lease vs. own scenario focuses on the assumptions of future selling prices and lease rates and on the sensitivity of the analysis in light of market cycles.
The Scenario. Conrad Manufacturing specializes in consumer products with a staff of more than 65 employees working in part of a 40,000-square-foot high-technology research and development facility. The space originally accommodated four 10,000-sf users; however, Conrad Manufacturing has taken over two of the four units as other tenants have vacated.
The other remaining tenant in the building has announced plans to leave, so the property owner has approached Conrad Manufacturing about either leasing the balance of the space or purchasing the entire property at a price of $4 million ($100 per square foot).
The basic assumptions for the lease vs. own analysis consider selling price, rent, and operating expenses during a 10-year period. If Conrad Manufacturing purchases the property, after 10 years it could sell the building for more than $4.4 million, assuming 1 percent appreciation. If it leases, rent for each of the first five years would be $300,000 ($7.50 psf), and operating expenses would be $100,000 ($2.50 psf). For the last five years, rent would increase to $368,888 ($9.22 psf), and operating expenses would increase to $120,000 ($3 psf).
The Before-Tax Analysis. Tables 2 and 3 show the results of the before-tax analysis. If Conrad Manufacturing leases, the total annual cost of occupancy will be $400,000 per year for five years and then $488,888 per year for the next five years. If the company’s opportunity cost of capital is 14 percent, then the total present cost of this alternative is $2,559,228.
Table 2: Present-Value Cost of Lease Option | ||
Year | Total Occupancy Cost | PV at 14% |
1 | $400,000 | $400,000 |
2 | $400,000 | $350,877 |
3 | $400,000 | $307,787 |
4 | $400,000 | $269,989 |
5 | $400,000 | $236,832 |
6 | $488,888 | $253,913 |
7 | $488,888 | $222,731 |
8 | $488,888 | $195,378 |
9 | $488,888 | $171,384 |
10 | $488,888 | $150,337 |
Totals | $4,444,440 | $2,559,228 |
Table 3: Present-Value Cost of Purchase Option | ||||||
Year | Initial equity | Debt service | Operating expenses | Equity reversion | Total occupancy cost | PV at 14% |
0 | $ (1,000,000) | $1,000,000 | ||||
1 | $323,901 | $100,000 | $423,901 | $423,901 | ||
2 | $323,901 | $100,000 | $423,901 | $371,843 | ||
3 | $323,901 | $100,000 | $423,901 | $326,178 | ||
4 | $323,901 | $100,000 | $423,901 | $286,121 | ||
5 | $323,901 | $100,000 | $423,901 | $250,983 | ||
6 | $323,901 | $120,000 | $443,901 | $230,548 | ||
7 | $323,901 | $120,000 | $443,901 | $202,235 | ||
8 | $323,901 | $120,000 | $443,901 | $177,399 | ||
9 | $323,901 | $120,000 | $443,901 | $155,614 | ||
10 | $323,901 | $120,000 | $ (1,958,105) | $ (1,514,204) | $ (465,630) | |
Totals | $(1,000,000) | $3,239,010 | $1,100,000 | $(1,958,105) | $2,380,905 | $2,959,193 |
Should Conrad Manufacturing purchase the facility at the agreed-upon terms, its total occupancy cost will equal the annual operating expenses and debt service. The company will need to come up with $1 million in equity for the transaction, yet it also will enjoy the benefit of an equity reversion at the end of the 10-year holding period. However, in this case, the total present cost of the purchase option is nearly $400,000 higher than the leasing option.
The Tax Implications. Leasing the property also will allow the company to depreciate the land, as lease payments are a deductible business expense. Conrad can deduct 100 percent of the lease payments against its taxable income. Consequently, leasing almost always results in a lower after-tax cost for the company than any alternative form of financing.
Tables 4 and 5 show the after-tax cash flows, and the advantages of leasing are now more pronounced. Conrad Manufacturing will save more than $450,000 in after-tax present value under the lease alternative.
Table 4: Present-Value Cost of Lease Option | ||||
Year | Rent | Tax savings@ 39.6% | After-tax occupancy cost |
After-tax PV at 14% |
1 | $400,000 | $158,400 | $241,600 | $241,600 |
2 | $400,000 | $158,400 | $241,600 | $211,930 |
3 | $400,000 | $158,400 | $241,600 | $185,903 |
4 | $400,000 | $158,400 | $241,600 | $163,073 |
5 | $400,000 | $158,400 | $241,600 | $143,047 |
6 | $488,888 | $193,600 | $295,288 | $153,364 |
7 | $488,888 | $193,600 | $295,288 | $134,529 |
8 | $488,888 | $193,600 | $295,288 | $118,008 |
9 | $ 488,888 | $193,600 | $295,288 | $103,516 |
10 | $488,888 | $193,600 | $295,288 | $90,804 |
Totals | $4,444,440 | $1,759,998 | $2,684,442 | $1,545,774 |
Table 5: Present-Value Cost of Purchase Option | ||||||||
Year | Initial equity | Before-tax Total Occupancy cost | Interest at 39.6% |
Depreciation at 39.6% |
Operating Expenses at 39.6% | After-tax Equity reversion | After-tax total occupancy cost | PV at 14% |
0 | $ (1,000,000) | $1,000,000 | ||||||
1 | $423,901 | $106,013 | $33,305 | $39,600 | $244,983 | $244,983 | ||
2 | $423,901 | $103,930 | $33,305 | $39,600 | $247,066 | $216,725 | ||
3 | $423,901 | $101,647 | $33,305 | $39,600 | $249,349 | $191,866 | ||
4 | $423,901 | $99,150 | $33,305 | $39,600 | $251,846 | $169,989 | ||
5 | $423,901 | $96,419 | $33,305 | $39,600 | $254,577 | $150,730 | ||
6 | $443,901 | $93,432 | $33,305 | $47,520 | $269,644 | $140,045 | ||
7 | $443,901 | $90,164 | $33,305 | $47,520 | $272,912 | $124,335 | ||
8 | $443,901 | $86,590 | $33,305 | $47,520 | $276,486 | $110,494 | ||
9 | $443,901 | $82,681 | $33,305 | $47,520 | $280,395 | $98,295 | ||
10 | $443,901 | $78,405 | $33,305 | $47,520 | $(1,730,072) | $(1,445,401) | $(444,472) | |
Totals | $ (1,000,000) | $4,339,010 | $938,433 | $333,048 | $435,600 | $(1,730,072) | $901,857 |
Market Cycle Considerations. The assumptions underlying this analysis drive its conclusions. The analysis started with a very conservative estimate of future appreciation, just about 1 percent per year. An increase in value at such a low level is indicative of a long-term contraction and recession cycle, in which case the company would prefer to lease. However, as table 6 shows, changing the future value assumption to slightly less than 3 percent growth closes the leasing advantage gap by more than $200,000. Using a more-aggressive 5 percent annual appreciation rate gives no clear advantage to either purchasing or leasing.
Table 6: After-Tax Comparison Assuming Greater Property Appreciation | |||
After-tax PV cost of leasing | After-tax PV cost of purchase 1% property appreciation |
After-tax PV cost of purchase 3% property appreciation |
After-tax PV cost of purchase 5% property appreciation |
$1,545,774 | $2,002,989 | $1,806,184 | $1,543,344 |
The increase in lease payments over 10 years also was conservative, again indicative of a market in contraction. The primary lease term of $400,000 per year for five years and $488,888 per year for the second five years is only a 22 percent increase. Using a less-conservative estimate of $520,000 per year in the second term, still only a 35 percent increase, and a more-aggressive estimate of $600,000 per year, a 50 percent increase, favors a buy scenario. (See table 7.)
Table 7: After-Tax Comparison Assuming Greater Rental Appreciation | ||||
After-tax PV cost of leasing | After-tax PV cost of leasing | After-tax PV costof leasing | After-tax PV costof purchase | After-tax PV costof purchase |
22% growth | 35% growth | 50% growth | 3% property appreciation | 5% property appreciation |
$1,545,774 | $1,608,525 | $1,682,189 | $1,806,184 | $1,543,344 |
Using historical trends and statistical modeling, commercial real estate professionals can craft a 10-year cycle for any property type in any market by looking at the basic fundamentals of a community’s growth. Forecasting for a 10-year period provides a more-certain projection of where the cycle is, consequently offering a more-reliable forecast. Brokers can now define a narrower range of options for clients by looking at market cycle research, instead of an extremely broad range of future sale prices and rental price estimates.
Walt Clements, CCIM, and Jeff Engelstad, CCIM
Walt Clements, CCIM, is a vice president and principal at Colliers Turley Martin Tucker in Kansas City, Mo. Contact him at (816) 221-2200 or wclements@ccim.net. Jeff Engelstad, CCIM, is an assistant professor in the executive master`s in real estate and construction management program at University of Denver. Contact him at (303) 680-2600 or jengelstad@ccim.net.
SEE IT ALL: https://www.ccim.com/cire-magazine/articles/lease-or-own/?gmSsoPc=1
FROM ME:
Phoenix Commercial Real Estate and Investment Real Estate: Investors and Owner / Users need to really know the market today before making a move in owner user Commercial Properties, Investment Properties and land in Phoenix / Maricopa County, Pinal County / Arizona, Properties and Investment Properties. I am marketing my listings on Costar, Loop-net CCIM, Kasten Long Commercial Group. I also sold hundreds millions of dollars’ worth of Investment Properties / Owner User Properties in Retail, Office Industrial, Multi-family and Land in Arizona and therefore I am working with brokers, Investors and Developers. I am also a CCIM and through this origination ( www.ccim.com ) I have access to marketing not only in the United States, but also international as the market has a lot of moving parts today. What is going on socio-economically, what is going on demographically, what is going on with location, with competing businesses, with public policy in general — all of these things affect the quality of selling or purchasing your Commercial Properties, Commercial Investment Properties and Commercial and large tracts of Residential Land Therefore, you need a broker, a CCIM (Certified Commercial Investment Member) who is a recognized expert in the commercial and investment real estate industry and who understands Commercial en.wikipedia.org/wiki/CCIM I AM YOUR LAND / INDUSTRIAL AND INVESTMENT SPECIALIST / LOOKING FOR OWNERS CLICK HERE TO VIEW ALL MY $ 60 MIL OF LISTINGS PLEASE CALL ME – Direct : 602-759-1209 , cell: 520-975-5207 or email me walterunger@ccim.net
WEEKLY LAND SALES
“The major fortunes in America have been made in land.” John D. Rockefeller
WEEKLY LAND CLOSING UPDATE / July 12, 2019 / Phoenix Arizona Metro, Maricopa County, Pinal County.
WEEKLY LAND CLOSING UPDATE / July 5, 2019 / Phoenix Arizona Metro, Maricopa County, Pinal County.
WEEKLY LAND CLOSING UPDATE / June 28/ 2019 / Phoenix Arizona Metro, Maricopa County, Pinal County.
WEEKLY LAND CLOSING UPDATE / June 14, 2019 / Phoenix Arizona Metro, Maricopa County, Pinal County.
WEEKLY LAND CLOSING UPDATE / June 7, 2019 / Phoenix Arizona Metro, Maricopa County, Pinal County.cc
WEEKLY LAND CLOSING UPDATE / May 31, 2019 / Phoenix Arizona Metro, Maricopa County, Pinal County.
WEEKLY LAND CLOSING UPDATE / May 24, 2019 / Phoenix Arizona Metro, Maricopa County, Pinal County.
WEEKLY LAND CLOSING UPDATE / May 17, 2019 / Phoenix Arizona Metro, Maricopa County, Pinal County.
WEEKLY LAND CLOSING UPDATE / May 10, 2019 / Phoenix Arizona Metro, Maricopa County, Pinal County.
WEEKLY LAND CLOSING UPDATE / May 3, 2019 / Phoenix Arizona Metro, Maricopa County, Pinal County.
I AM YOUR LAND / INDUSTRIAL AND INVESTMENT SPECIALIST / LOOKING FOR OWNERS CLICK HERE TO VIEW ALL MY $ 60 MIL OF LISTINGS
WEEKLY INDUSTRIAL SALE:
WEEKLY INDUSTRIAL CLOSING UPDATE THROUGH August 23, 2019 / Phoenix Arizona Metro,
WEEKLY INDUSTRIAL CLOSING UPDATE THROUGH August 16, 2019 / Phoenix Arizona Metro,
I AM YOUR LAND / INDUSTRIAL AND INVESTMENT SPECIALIST / LOOKING FOR OWNERS CLICK HERE TO VIEW ALL MY $ 60 MIL OF LISTINGS
WEEKLY APARTMENT SALES
CLICK HERE FOR APARTMENTS FOR SALE:
WEEKLY APARTMENT CLOSING UPDATE THROUGH August 23, 2019, Phoenix Arizona Metro
WEEKLY APARTMENT CLOSING UPDATE THROUGH August 16, 2019, Phoenix Arizona Metro
WEEKLY APARTMENT CLOSING UPDATE THROUGH August 9, 2019, Phoenix Arizona Metro.
WEEKLY APARTMENT CLOSING UPDATE THROUGH August 2, 2019, Phoenix Arizona Metro.
WEEKLY APARTMENT CLOSING UPDATE THROUGH July 26, 2019, Phoenix Arizona Metro.
WEEKLY APARTMENT CLOSING UPDATE THROUGH July 19, 2019, Phoenix Arizona Metro.
WEEKLY APARTMENT CLOSING UPDATE THROUGH July 12, 2019, Phoenix Arizona Metro.
WEEKLY APARTMENT CLOSING UPDATE THROUGH July 5, 2019, Phoenix Arizona Metro.
WEEKLY APARTMENT CLOSING UPDATE THROUGH June 28, 2019, Phoenix Arizona Metro.
WEEKLY APARTMENT CLOSING UPDATE THROUGH June 21, 2019, Phoenix Arizona Metro.
WEEKLY APARTMENT CLOSING UPDATE THROUGH June 14, 2019, Phoenix Arizona Metro.
WEEKLY APARTMENT CLOSING UPDATE THROUGH June 7, 2019, Phoenix Arizona Metro.
WEEKLY APARTMENT CLOSING UPDATE THROUGH May 31, 2019, Phoenix Arizona Metro.
WEEKLY APARTMENT CLOSING UPDATE THROUGH May 24, 2019, Phoenix Arizona Metro.
WEEKLY APARTMENT CLOSING UPDATE THROUGH May 17, 2019, Phoenix Arizona Metro.
WEEKLY APARTMENT CLOSING UPDATE THROUGH May 10, 2019, Phoenix Arizona Metro.
WEEKLY APARTMENT CLOSING UPDATE THROUGH May 3, 2019, Phoenix Arizona Metro.
I AM YOUR LAND / INDUSTRIAL AND INVESTMENT SPECIALIST / LOOKING FOR OWNERS CLICK HERE TO VIEW ALL MY $ 60 MIL OF LISTINGS
CLICK HERE FOR APARTMENTS FOR SALE:
Walter Unger CCIM
Senior Associate Broker
Kasten Long Commercial Group
5110 N 40th Street, Suite 110
Phoenix , AZ 85018
CELL: 520-975-5207
Direct: 602-759-1209
Office: 602-445-4112
Fax: 602-865-7461
CLICK HERE TO VIEW ALL MY LISTINGS
“You miss 100 percent of the shots you never take, and if you think it’s expensive to hire a professional to do the job, wait until you hire an amateur “ ARE YOU READY TO SELL OR PURCHASE YOUR INDUSTRIAL / OFFICE OR RETAIL BUILDING OR YOUR LAND in Phoenix, Maricopa County and Pinal County, Arizona, please call me. Office: 602-445-4113, Direct : 602-759-1209 , cell: 520-975-5207 or email me walterunger@ccim.net. … CLICK HERE TO VIEW ALL MY LISTINGS.
Let me know if you are interested in Apartments: CLICK HERE FOR APARTMENTS FOR SALE
CLICK HERE: Arizona Opportunity Zones As We Understand /maps. Interested!!! Please contact me.
History of Arizona from 900 BC – 2017 -Timeline.
8 Reasons You Should Invest in Land
History of Arizona from 900 BC – 2017 -Timeline.
WHY PHOENIX? AMAZING!!! POPULATION IN 1950 – 350 K PEOPLE; “NOW 5 MIL”. – “5TH. BIGGEST CITY IN USA”
DOT – LOOP 202 / SOUTH MOUNTAIN FREEWAY / PHOENIX AZ – UNDER CONSTRUCTION
ARIZONA FACTS – YEAR 1848 TO 2013
- DEMOGRAPHIC FACTS ABOUT MARICOPA COUNTY:
- The average age of the population is 34 years old.
- The health cost index score in this area is 102.1. (100 = national average)
- Here are some of the distributions of commute times for the area: <15 min (22.7%), 15-29 min (36.8%), 30-44 min (25.1%), 45-59 min (8.6%), >60 min (6.8%).
PHOENIX PROJECTED AS NUMBER ONE US HOUSING MARKET FOR 2017
LIST OF ECONOMIC DEVELOPMENT PROJECTS IN PINAL COUNTY, REVISED 2-14-17
Reasons to Consider me for Commercial Referrals – I have the Knowledge and Experience
Click here to View My Listings and Profile
Click here to find out what is a CCIM:
Click here to view my website:
Click her to join my mailing list :
Walter Unger CCIM – walterunger@ccim.net – 1-520-975-5207 – http://walter-unger.com
2016 Official Arizona Visitors Guide
Timeline of Phoenix, Arizona history
Facts of Arizona – year 1848 to 2013
Feel free to contact Walter regarding any of these stories, the current market, distressed commercial real estate opportunities and needs, your property or your Investment Needs for Comercial Properties in Phoenix, Tucson, Arizona.
Walter Unger CCIM
Senior Associate Broker
Kasten Long Commercial Group
5110 N 40th Street, Suite 110
Phoenix , AZ 85018
Direct: 602-759-1209
CELL: 520-975-5207
Office: 602-445-4112
Fax: 602-865-7461
CLICK HERE TO VIEW ALL MY LISTINGS
“You miss 100 percent of the shots you never take, and if you think it’s expensive to hire a professional to do the job, wait until you hire an amateur “
Also Call me if you need an estimated value of your Property.
Call me if you want to see a map with what is in the Construction Pipeline for Apartments.
Direct : 602-759-1209, Prefer cell: 520-975-5207, or email me walterunger@ccim.net. CLICK HERE TO VIEW ALL MY LISTINGS.
Check out my professional profile and connect with me on LinkedIn.
Kasten Long Commercial Group tracks all advertised apartment communities, including those advertised by other brokerages. The interactive map shows the location of each community (10+ units) and each location is color coded by the size (number of total units).
Walter Unger CCIM, CCSS, CCLS
I am a successful Commercial / Investment Real Estate Broker in Arizona now for 20 years. If you have any questions about Commercial / Investment Properties in Phoenix or Commercial / Investment Properties in Arizona, I will gladly sit down with you and share my expertise and my professional opinion with you. I am also in this to make money therefore it will be a win-win situation for all of us.
Please reply by e-mail walterunger@ccim.net or call me on my cell 520-975-5207
Reasons to Consider me for Commercial Referrals
Delivering the New Standard of Excellence in Commercial Real Estate
- Commercial Real Estate Scottsdale
- Commercial Real Estate Phoenix
- Commercial Real Estate Arizona
- Commercial Investment Properties Phoenix
- Commercial Investment Properties Scottsdale
- Commercial Investment Properties Arizona
- Land Specialist Arizona
- Arizona Land Specialist
- Land Specialist Phoenix
- Phoenix Land Specialist
- Land For Sale Phoenix
- Land for sale Arizona
- Commercial Properties For Sale Phoenix
- Commercial Real Estate Sales Phoenix
- Commercial Properties Phoenix
- Commercial Properties Arizona
- Commercial Land Specialist Phoenix
- Commercial Land Phoenix
- Multifamily land Phoenix
- Retail Land Phoenix
- Industrial Land Phoenix
- Land Commercial Phoenix
- Land Retail Phoenix
- Land Industrial Phoenix
- Land Multifamily Phoenix
- Industrial Land for sale Phoenix
- Land Industrial
- P
- Investment Real Estate
Disclaimer of Liability
The information in this blog-newsletter is for general guidance only, and does not constitute the provision of legal advice, tax advice, accounting services, investment advice, or professional consulting of any kind. The information provided herein should not be used as a substitute for consultation with professional tax, accounting, legal, or other competent advisers. Before making any decision or taking any action, you should consult a professional adviser who has been provided with all pertinent facts relevant to your particular situation. Tax articles in this e-newsletter are not intended to be used, and cannot be used by any taxpayer, for the purpose of avoiding accuracy-related penalties that may be imposed on the taxpayer. The information is provided “as is,” with no assurance or guarantee of completeness, accuracy, or timeliness of the information, and without warranty of any kind, express or implied, including but not limited to warranties of performance, merchantability, and fitness for a particular purpose.