Michael T. Caracci and Cindy W. Caracci, et al. - Page 21




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          special uses that are realistically available because of the                
          property’s adaptability to a particular business.  Mitchell v.              
          United States, 267 U.S. 341, 344-345 (1925); Symington v.                   
          Commissioner, 87 T.C. 892, 896 (1986); Stanley Works v.                     
          Commissioner, 87 T.C. 389, 400 (1986); Estate of Proios v.                  
          Commissioner, T.C. Memo. 1994-442.  Fair market value is not                
          affected by whether the owner has actually put the property to              
          its highest and best use.  The reasonable and objective possible            
          uses for the property control the valuation thereof.  United                
          States v. Meadow Brook Club, 259 F.2d 41, 45 (2d Cir. 1958);                
          Stanley Works v. Commissioner, supra at 400.  The hypothetical              
          willing buyer and seller are presumed to be dedicated to                    
          achieving the maximum economic advantage, Estate of True v.                 
          Commissioner, T.C. Memo. 2001-167, and the “hypothetical sale               
          should not be construed in a vacuum isolated from the actual                
          facts”, Estate of Andrews v. Commissioner, 79 T.C. 938, 956                 
          (1982).                                                                     
               Here, the parties dispute whether any value should be given            
          to the Sta-Home tax-exempt entities’ cost-shifting attribute.               
          Cost-shifting could attract prospective purchasers, such as                 
          hospitals, that desired to acquire a home health care agency and            
          use its cost-shifting capacity.  At our request, the parties have           
          discussed whether attributing value to this mechanism is                    
          consistent with the requirement that fair market value be                   






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