Neal T. Baker Enterprises, Inc. - Page 31

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          According to petitioner's records, the house at 1030 Pennsylvania           
          Avenue in Phase 1 (which was completed on or before 7/23/87 and             
          sold 2/28/89) was the model home; so the long holding period for            
          this house is not significant.  Treating the final inspection               
          date as the date of completion and the sale date and excluding              
          the sale of the model home, petitioner held the houses in Phase 1           
          for about 5.3 months apiece and held the houses in Phase 2 for              
          about 1.3 months apiece.  In light of the evidence, we are not              
          persuaded by Mr. Baker's testimony that sales of the 14 houses              
          were unacceptably slow.                                                     
               Meadowlark Homes' Success with the Exchange Property                   
               Respondent uses Howard Kanengiser's (of Meadowlark Homes)              
          testimony to establish the market for the development of the                
          Exchange Property.  Meadowlark Homes experienced brisk sales in             
          1989 in regard to the first 24 homes.  In 1990, due to the                  
          recession, Meadowlark Homes experienced a drop off in sales in              
          regard to the second 24 homes.  Meadowlark Homes made                       
          approximately $630,000 in profit on the development.  This was              
          approximately one-third less than Meadowlark had anticipated.               
               In regard to Meadowlark's slower sales for the second phase,           
          petitioner argues that this supports its position that it held              
          the Exchange Property for investment because Mr. Baker foresaw              
          the poor sale of homes in Beaumont based on (i) the poor sales              
          record on the first 14 homes, (ii) the fact that Beaumont is a              





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