PDV America, Inc. and Subsidiaries - Page 20

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          the Whiteco criteria, each factor favors petitioner’s position.             
          In direct contrast, respondent contends that each Whiteco factor            
          supports respondent’s position that the tanks are inherently                
          permanent structures.  Our analysis of the Whiteco factors and              
          the parties’ arguments regarding them follow.                               
          A.  Is the Property Capable of Being Moved, and Has It in Fact              
          Been Moved?                                                                 
               Although CITGO has moved tanks in the past, and Alan R.                
          Watson,16 creator of the Watson Air Bag technology, testified as            
          an expert on tank lifting and relocation, respondent maintains              
          that the tanks do not satisfy this Whiteco factor.  Respondent              
          argues that the tanks can be moved intact only within the same              
          terminal or onto an adjacent property and that relocating tanks             
          over long distances requires cutting the tanks into pieces.                 
          According to respondent, this type of movement is not Whiteco               
               In Whiteco Indus., Inc. v. Commissioner, supra at 672, we              
          did not provide a definition for the term “movement” but                    
          concluded that this factor was “clearly” satisfied because the              
          outdoor advertising signs had in fact been moved.  As support for           
          our conclusion, we cited Estate of Morgan v. Commissioner, 52               
          T.C. 478, 483 (1969), affd. per curiam 448 F.2d 1397 (9th Cir.              

               16Alan R. Watson is president of A.R. Watson USA, LLC, and             
          is also employed by his New Zealand company, A.R. Watson, Ltd.              
          A.R. Watson USA, LLC, markets the concept of tank lifting and               
          performs tank lifts and relocations.                                        

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