- 29 - automobile dealership business were installed in accordance with the latest EPA regulations to insure that no leakage or contamination of the soil was possible. Aguilar based his $50,000 deduction on the cost to remove the tanks in the absence of any contamination of the soil. We think that such a deduction in this case is not reasonable. Previously, this Court has stated that it may be appropriate to discount the value of real property for the presence of underground storage tanks, which pose a hazardous waste problem, provided that the amount of the discount is properly quantified. See Estate of Pillsbury v. Commissioner, T.C. Memo. 1992-425. In that case, we opined that "The question to be decided is whether a hypothetical buyer * * * with reasonable knowledge of the relevant facts, would have discounted the value of the * * * property". Id. We did not sustain a discount for possible contamination because neither the appraiser nor the taxpayer believed further investigation was necessary before stating a value for the property, and no evidence was presented from which such a discount could be determined. In this case, as a starting point, we look to the Property's highest and best use as a car dealership. The underground storage tanks (one for gasoline and one for waste oil) are essential to the operation of an automobile dealership on the Property. There is no evidence that the soil of the Property was contaminated as of March 31, 1987. Further, Aguilar stated inPage: Previous 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 Next
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