John T. Talkington and Margaret K. Talkington - Page 36

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          Therefore the total value of the gifted Litton property on                  
          December 17, 1992, was $986,589.                                            
          V.  Fair Market Value of the Bates Center                                   
               Mr. Cantrell determined the fair market value of the Bates             
          Center on December 23, 1992, to be $350,000.  His report found              
          that the value indicated by the cost approach was $379,000, and             
          the value indicated by the sales comparison method was $342,000.            
          Mr. Cantrell placed greater weight on the cost approach in                  
          determining his final estimate of the Bates Center's fair market            
          value.                                                                      
               We note that we are skeptical of the accuracy of Mr.                   
          Cantrell's conclusion regarding the value of the Bates Center on            
          its date of donation.  First, one of his basic premises--the date           
          of donation of the Bates Center--is wrong.11  Second, he places             
          greater weight on a method of valuation--the cost approach--that            
          we have found not helpful in this case.  Last, he contradicted              
          himself regarding his basis for valuing the Bates Center--he                
          testified that he computed the value of the Bates Center based on           
          its possibility of development into a commercial property because           
          he assumed that the land, which was zoned R-2 residential with a            
          church variance, could easily be rezoned as commercial;12                   

               11  Mr. Sessions donated the Bates Center on Sept. 23, 1992,           
          not on Dec. 23, 1992.                                                       
               12  We note that Mr. Sessions never took any action to have            
          the Bates Center land rezoned by the City of Lubbock.                       
          Furthermore, although petitioners point to a letter from Randy              
          Henson, Senior Planner, Lubbock Planning Department, that                   
                                                             (continued...)           


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