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In JFM, Inc. & Subs. v. Commissioner, T.C. Memo. 1994-239,
this Court concluded that gasoline canopies used in marketing
petroleum products were not “land improvements” within the
meaning of asset class 57.1 and should be classified under asset
class 57.0. To determine the proper characterization of the
canopies, we considered whether the canopies were inherently
permanent structures. We applied the following six factors
articulated in Whiteco Indus., Inc. v. Commissioner, supra at
672-673:
(1) Is the property capable of being moved, and has it
in fact been moved? * * *
(2) Is the property designed or constructed to remain
permanently in place? * * *
(3) Are there circumstances which tend to show the
expected or intended length of affixation, i.e., are
there circumstances which show that the property may or
will have to be moved? * * *
(4) How substantial a job is removal of the property
and how time-consuming is it? Is it “readily
removable”? * * *
(5) How much damage will the property sustain upon its
removal? * * *
(6) What is the manner of affixation of the property to
the land? * * * [Citations omitted.]
In addition, we observed that, although no single Whiteco factor
is decisive, each factor is probative to some extent. JFM, Inc.
& Subs. v. Commissioner, supra.
Petitioner contends that the tanks are not inherently
permanent structures. According to petitioner’s application of
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