Estate of William Busch, Deceased, Mary Dana, Executor - Page 13




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          Petitioner argues that the value should be reduced because, as of           
          the valuation date, it was unlikely that the property had the               
          potential to be approved for residential development.                       
               The parties disagree about how to handle the fact that                 
          approval for residential development had not been obtained and              
          the probative weight, if any, that should be given to the terms             
          of the June 1994 agreement.  Although the June 1994 agreement was           
          executed sufficiently close in time to the February 1993 date of            
          death to be considered, it does not involve a contemporaneous               
          payment of the contract proceeds.  The agreement calls for                  
          payments at closings that would occur as much as 3 and 6 years in           
          the future.                                                                 
               Petitioner contends that the $150,000 per-acre agreement               
          price was wholly contingent and dependent upon whether the                  
          developer (buyer) was able to obtain entitlement to subdivide the           
          property for residential development; i.e., that Ponderosa was              
          not a willing buyer of unapproved land.  Conversely, respondent             
          contends that the agreement is a contract for sale with a delayed           
          closing and that the contract price represents what a willing               
          buyer would be willing to pay in a cash or contemporaneous                  
          transaction, irrespective of whether the entitlements were to be            
          obtained later.                                                             



               3(...continued)                                                        
          312, 337-338 (1989).                                                        




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