Eugene D. Lanier, Inc. - Page 29

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          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 in              




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