Epco, Inc. and Subsidiaries - Page 4




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               At the direction of the Court of Appeals, we now undertake             
          to determine the fair market value of that sewer line in order to           
          determine the amount of income, if any, which should be                     
          recognized by petitioner as a contribution in aid of construction           
          for the 1989 tax year.                                                      
                                  FINDINGS OF FACT                                    
               The findings of fact are set forth in EPCO I and are                   
          incorporated herein by this reference.  The stipulations and                
          exhibits are also incorporated herein by this reference.  For               
          convenience, we shall only set forth the facts necessary to                 
          clarify the ensuing discussion.                                             
               Petitioner is an affiliated group of corporations which                
          filed a consolidated Federal corporate income tax return for                
          1989.  For the year at issue, EPCO, Inc. (EPCO), a Missouri                 
          corporation, was the common parent of an affiliated group which             
          included Imperial Utility Corp. (Imperial), a Missouri                      
          corporation 100 percent owned by EPCO.  During the year at issue,           
          Eugene Fribis (Mr. Fribis) and his wife owned all of the stock of           
          EPCO, and Mr. Fribis served as the president of both EPCO and               
          Imperial.  Imperial engages in the business of sewage collection            
          and treatment and is regulated by the Missouri Public Service               
          Commission (PSC).                                                           
               Sometime in 1986 or 1987, Brooks McArthy (Mr. McArthy), a              
          real estate developer, planned to develop a trailer park                    





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