Eugene D. Lanier, Inc. - Page 30

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          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,           




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