- 30 - taking his deduction he assumed that the Property was not contaminated. In light of no contamination and the needed presence of the tanks, Aguilar has not convinced the Court that a hypothetical buyer with reasonable knowledge of the facts would have discounted the value of the Property due to the presence of the tanks. Therefore, we find Aguilar's deduction for removal of the tanks to be inappropriate. See Estate of Necastro v. Commissioner, T.C. Memo. 1994-352 (where taxpayer failed to prove that a buyer purchasing the property on the valuation date would have perceived the possibility of contamination as a problem causing a reduction in value). Having carefully reviewed the experts' testimony and appraisal reports, and having accepted none of the experts' reports in their entirety, we must now proceed to determine the FMV of the Property on the facts before us. For the reasons which follow, we think that the capitalization-of-earnings approach is the most suitable method of valuation in this case. See Honigman v. Commissioner, 55 T.C. 1067 (1971), affd. in part, revd. in part and remanded 466 F.2d 69 (6th Cir. 1972); Gottlieb v. Commissioner, T.C. Memo. 1974- 178. No sales of vacant land occurred in the Johnston Street corridor from 1985 through the valuation date, despite being offered. Moreover, at the time of sale, there was a shortage of lending in Lafayette for development. In that connection, the experts all agreed that the highest and best use of the Property,Page: Previous 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 Next
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