Estate of Lynn M. Rodgers, deceased, First National Bank of Commerce, Executor - Page 33




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               A potential purchaser, cognizant that in a ten year old                
               subdivision where there is "no reasonable definitive                   
               pattern of recent sales and pricing," would anticipate                 
               that extended marketing periods would be encountered on                
               unsold remaining inventory and that holding costs would                
               be incurred.                                                           
          With respect to point (4) above, we also agree with Mr. Egan that           
               if an absorption analysis that was market and property                 
               specific had been performed "pertinent market activity"                
               would have come to light.  Such an analysis would have                 
               tested the sensitivity of zoning, size and location.                   
               By his [Mr. Guice's] own admission, there was "not a                   
               reasonable pattern of market activity or market ex-                    
               pectations for said properties."  This is precisely why                
               a normal marketing period would not have been expected                 
               and an orderly sell-off over time needed to be con-                    
               sidered.                                                               
               Mr. Guice also failed to explain satisfactorily, inter alia,           
          why an absorption discount should apply to certain unimproved               
          real properties owned by Marrero Land on the valuation date but             
          not to the remaining unimproved real properties that it owned on            
          that date, which were in the same geographic market and some of             
          which had the same types of zoning and were directly contiguous             
          to the unimproved real properties to which he applied a dis-                
          counted cash-flow analysis which included an absorption discount.           
          Mr. Guice admitted at trial that the fact that real properties              
          are not contiguous does not determine whether or not to apply a             
          discounted cash-flow analysis which included an absorption                  
          discount, and he conceded that he had applied such a discounted             
          cash-flow analysis to certain real properties that were not                 







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