Norwest Corporation and Subsidiaries - Page 28

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         (1948), affd. 177 F.2d 200 (6th Cir. 1949); and Illinois Merchants           
         Trust Co. v. Commissioner, 4 B.T.A. 103 (1926)), respondent                  
         continues, the condition necessitating the repair resulted from a            
         physical change in the property's condition.  In this case, no               
         change occurred to the building's physical condition that                    
         necessitated the removal expenditures.  The only change was in               
         petitioner's awareness of the dangers of asbestos. Accordingly,              
         respondent argues that the Plainfield-Union test is inapplicable,            
         and the Court must examine other factors to determine whether an             
         increase in the building's value occurred.                                   
              Respondent also disagrees with petitioner's reliance on Rev.            
         Rul. 94-38, supra, arguing that the  present  facts  are                     
         distinguishable.  The remediated property addressed in the ruling            
         was not contaminated by hazardous waste when the taxpayer acquired           
         it.  The ruling permits a deduction only for the costs of                    
         remediating soil and water whose physical condition has changed              
         during the taxpayer's ownership of the property.  Under this                 
         analysis, the taxpayer is viewed as restoring the property to the            
         condition existing before its contamination.  Thus, respondent               
         contends, unlike Rev. Rul. 94-38, petitioner's expenditures did not          
         return the property to the same state that existed when the property         
         was constructed because there was never a time when the building was         
         asbestos free.  Rather, the asbestos-abatement costs improved the            
         property beyond its original, unsafe condition.                              






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