Epco, Inc. and Subsidiaries - Page 17




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          rate adequately reflects the rate of return an investor could               
          expect from a PSC-regulated sewer line.                                     
               Mr. Jones has also characterized the sewer line as a bad               
          investment and contends that valuing the sewer line at cost would           
          be unfair to petitioner.  We do not believe that petitioner                 
          considered the sewer line a bad investment when it was                      
          constructed.  Mr. Fribis prepared a life cycle cost analysis to             
          determine the cost effectiveness of constructing the sewer line.            
          The analysis included construction costs and operating expenses             
          petitioner expected to incur during the life of both the sewer              
          line and the treatment facility.                                            
               We infer that had the life cycle cost analysis supported               
          petitioner's valuation position it would have been produced at              
          trial.  Since the analysis was not produced at trial, we surmise            
          that the analysis did not support petitioner's litigating                   
          position.  This Court can infer that testimony which was not                
          produced at trial would not have been favorable to a taxpayer.              
          See Wichita Terminal Elevator Co. v. Commissioner, 6 T.C. 1158,             
          1165 (1946), affd. 162 F.2d 513 (10th Cir. 1947).                           
               Whether petitioner now believes that the sewer line was a              
          bad investment or not, the appropriate time of valuing the sewer            
          line is on its date of completion.  As a general rule, the                  
          valuation of property is based on facts known at the date of                
          valuation, without regard to hindsight.  See Estate of Gilford v.           





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