- 40 - death. Petitioner contends that respondent is transfixed on the concept of location and that she has failed to factor into her analysis the many characteristics of parcel A which detract from its utility. Petitioner’s argument suffers from at least one significant flaw. Just as respondent has placed considerable reliance on the location of parcel A, contending that such location evinces its commercial qualities, petitioner has relied to an equal extent in arguing that parcel A is located in a residential area. We do not regard either argument as determinative. We are convinced that the highest and best use of parcel A as of the date of decedent's death was commercial in nature; such use was reasonable and probable. See Symington v. Commissioner, 87 T.C. at 897. Considering the entire record, with particular emphasis on the appraisal reports prepared by Tidwell, Hearn, Young and Dilmore, we find that the conclusions reached by both Dilmore and Young relating to the highest and best use of parcel A were realistic and objective under the circumstances of this case. See Stanley Works & Subs. v. Commissioner, 87 T.C. at 400. b. Parcel B The parties are in agreement that the highest and best use of parcel B, as of the valuation date, was commercial in nature. Each of the four appraisers, Tidwell, Hearn, Young, and Dilmore, concluded that a rezoning of parcel B from residential toPage: Previous 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 Next
Last modified: May 25, 2011