- 27 - binding on this Court. We recognize, however, that the definition of highest and best use set forth immediately above is consistent with the principles of Frazee v. Commissioner, 98 T.C. 554 (1992); Symington v. Commissioner, supra; and Stanley Works & Subs. v. Commissioner, supra. a. Parcel A Young and Dilmore both concluded that the highest and best use of parcel A on the date of decedent's death was commercial in nature. Tidwell and Hearn, on the other hand, disagreed and concluded that, as of the date of decedent's death, the highest and best use of parcel A was residential in nature. The classification as either commercial or residential is significant because such classification is directly related to the appraisal value of the property. More specifically, with other factors remaining constant, the value of commercial real estate generally exceeds the value of residential real estate. Respondent's determinations rely upon the Young and Dilmore conclusions, while petitioner’s argument is based upon the Tidwell and Hearn conclusions. Much of the present dispute involves the zoning classification of parcel A as of the valuation date. As of the date of decedent's death, February 20, 1987, roughly half of parcel A was within the city limits of the city of Birmingham, Alabama. The remaining portion of parcel A was located outside the corporate limits of the city and in Jefferson County,Page: Previous 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 Next
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