- 109 - The fair market value of real property is based on the highest and best use to which the property could be put on the date of valuation. See, e.g., Frazee v. Commissioner, 98 T.C. 554, 563 (1992); Symington v. Commissioner, 87 T.C. 892, 896 (1986); Stanley Works v. Commissioner, 87 T.C. 389, 400 (1986). Generally, the highest and best use of a parcel of property is the reasonable and probable use of the property that supports the highest present value. See Frazee v. Commissioner, supra at 563; Symington v. Commissioner, supra at 896-897. In determining the highest and best use of the property, it is necessary to consider the realistic, objective potential uses for which the property is adaptable and needed or likely to be needed in the foreseeable future. See Stanley Works v. Commissioner, supra at 400. See generally Olson v. United States, 292 U.S. 246, 255-256 (1934). In the process of establishing the fair market value of an item of property on the basis of its highest and best use, it is sometimes necessary to consider the most appropriate market through which the property would change hands from a willing seller to a willing buyer. See, e.g., Akers v. Commissioner, 799 F.2d 243 (6th Cir. 1986), affg. T.C. Memo. 1984-490; Anselmo v. Commissioner, 757Page: Previous 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 Next
Last modified: May 25, 2011