Epco, Inc. and Subsidiaries - Page 22




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               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.                     







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