a.    Test: there is a single test to be applied to both users and investors, i.e., a comparison of the services or uses of the original and replacement properties to the taxpayer-owner.
i.    example: if the taxpayer is an owner and uses the condemned land for one purpose and the replacement property for another that is not ok, where as if the taxpayer is a leasor and leases the condemned property for one purpose and the replacement property for another, that is ok?
1.    Ascher does not seem to buy this argument much