- 25 - the city of Pleasanton. At the time of decedent’s death, other Pleasanton residential developments were in progress. The record reflects that, at the time of decedent’s death, the climate for residential development in Pleasanton was weakening, and, to that extent, we agree with petitioner that the price that a willing buyer would offer to a willing seller would be affected. See, e.g., Estate of Ratcliffe v. Commissioner, T.C. Memo. 1992-305. Any such price differential, however, would normally have been accounted for in Ponderosa’s offer and the acceptance of same. Ponderosa’s offer, in effect, was not to pay $150,000 per acre at the time the agreement was made, and it was contingent on acquiring approval to develop from Pleasanton. Ponderosa, aware of the risks, was willing to invest its money and time in pursuing development. In that regard, Ponderosa expended between $500,000 and $1 million in the form of payments to the sellers and expenses in pursuing the entitlements for residential development. In order to adjust for the passage of time in connection with the difficulties expected in obtaining development approval, we must decide upon an appropriate discount rate to adjust the $150,000-per-acre cash price. Respondent’s expert used a present value approach to account for the delay in payment. Respondent’s expert, however, applied the discount to a gross value inflated by attributing an optimum approval of 360 housing units. Geller started with the $150,000-per-acre contract price and addedPage: Previous 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 Next
Last modified: May 25, 2011