- 22 - According to the terms of the McArthy-Imperial agreement, Imperial agreed to waive "tap-on" fees up to $200,000. Clearly, Imperial expected something of value in exchange for its waiver of fees. Mr. Fribis testified that Imperial has waived tap-on fees for other customers in the past in exchange for easements over property Imperial needed to construct a sewer line. In this case, Imperial received $200,000 in lieu of future tap-on fees. This Court has noted that the determination of the fair market value of property on a given date is a question to be resolved on the basis of the entire record. See McShain v. Commissioner, 71 T.C. 998, 1004 (1979). In this case, we find that the record clearly supports the use of the cost method of valuation. We have considered the cost method of valuation in light of all relevant evidence: (1) The cost of construction; (2) petitioner's expectations at the time of valuation; and (3) the positioning of the sewer line through Pine View. The knowledge, actions, and expectations of petitioner illustrate that the cost of construction is in these circumstances indicative of the fair market value of the sewer line. Therefore, we find that the price at which the sewer line would change hands between a willing buyer and a willing seller, neither being under any compulsion to buy or sell, is the cost of construction.Page: Previous 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Next
Last modified: May 25, 2011