- 28 - or clubhouse. * * * [H. Rept. 1447, 87th Cong., 2d Sess. (1962), 1962-3 C.B. 405, 516; emphasis added.] In light of Congress' expressed intentions, and because we find that the Reserve Facility functions essentially as a warehouse and the human activity involved therein is not merely incidental, we hold that the Reserve Facility is a building. Petitioner contends that even if the Reserve Facility resembles a building and functions as a building, it is not an improvement to land because it is movable. In cases involving the issue of movability, we have approached the question of whether the property was tangible personal property by determining whether the structure was "inherently permanent". Moore v. Commissioner, 58 T.C. 1045, 1052 (1972), affd. 489 F.2d 285 (5th Cir. 1973); Fox Photo, Inc. v. Commissioner, T.C. Memo. 1990-348. Whether property is inherently permanent depends upon the fashion in which it is affixed to the land and whether it is designed to remain permanently in place. Everhart v. Commissioner, 61 T.C. 328, 330 (1973). In making our determination as to whether the Reserve Facility is inherently permanent, we shall consider the six-part test articulated in Whiteco Industries, Inc. v. Commissioner, 65 T.C. 664, 672-673 (1975): (1) Is the property capable of being moved, and has it in fact been moved? * * *Page: Previous 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 Next
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