- 9 - The fair market value of donated property as of a given date is a question of fact to be determined from the entire record. Symington v. Commissioner, 87 T.C. 892, 896 (1986); Zmuda v. Commissioner, 79 T.C. 714, 726 (1982), affd. 731 F.2d 1417 (9th Cir. 1984). Fair market value reflects the highest and best use of the property on the date of valuation. Stanley Works & Subs. v. Commissioner, 87 T.C. 389, 400 (1986). The highest and best use of property is the realistic, objective potential use to which the property can be put. Id.; see also Olson v. United States, 292 U.S. 246, 255-256 (1934). The determination of fair market value is not dependent upon whether the property is actually being put to its highest and best use. Symington v. Commissioner, supra at 897. Thus, in determining the reasonable and probable use that supports the highest present value, we focus on the "highest and most profitable use for which the property is adaptable and needed or likely to be needed in the reasonably near future". Olson v. United States, supra at 255. In this case, the parties have relied extensively on the testimony of expert witnesses to support their respective views on the fair market value. Before turning to an analysis of the divergent expert opinions, we note that, as the trier of fact, the Court must weigh the evidence presented by the experts in light of their demonstrated qualifications in addition to all other credible evidence. Estate of Christ v. Commissioner, 480Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011